域外城市污染场地治理制度的范式转换及其启示

Shift of the System Paradigm of Contaminated Sites Governance Oversea and its Enlightenment to China

从"危害排除"范式向"风险矫治"范式的转换正深刻影响着域外城市污染场地风险规制的变革路向。在"危害排除"范式下,污染场地治理成为政府主导下的"危险防御活动",其固有的结构性缺陷在实践中引发了规制成本效益失衡、自由裁量权失控等诸多问题。基于此,"风险矫治"范式对"危险排除"范式作出了诸多修正。以"风险"评价方法为知识基础,以社会可接受水平为清理目标,通过责任原则调整、风险管理方法的引入使场地整治更切合实际、更富效率。就我国而言,实现城市污染场地善治需要借鉴域外经验,基于风险矫治理念展开场地污染防治立法,以风险决策程序构建为中心改进场地风险行政,以风险责任公平负担为旨归推进环境司法。

Shift of the system paradigm from removing hazard to correcting risk is profoundly affecting the reform direction of contaminated sites governance oversea. In the concept of removing hazard paradigm, Contaminated Sites Governance is a dangerous defensive activity under the government. In the practice, the inherent structural flaws have caused many problems in law practice, such as the imbalance between costs and benefit, incontrollable discretionary power. To resolve the problem, the paradigm of risk correction has made a lot of amendments by adjustment of responsibility principle, introduction of risk management, which has made sites management more practical and efficient. Therefore, we should learn from foreign experience in good governance of contaminated sites in China. It is suggested that we make the law based on the paradigm of risk correction, improve the risk management on the risk decision一making process,and take the risk responsibility fairly as the goal to promote the environmental judicature.