Institutional Improvement of Soil Pollution Prevention and Control Under the Comparative Law Perspective
The complex causes and dilemmas of soil pollution require that the current soil pollution prevention and con-trol laws make up for the deficiencies in the scope of the responsible parties,and the procedures for determining responsibil-ity.By examining the experience of the Comprehensive Environmental Response Compensation and Liability Act of the Unit-ed States,it is necessary to improve the connotation of the responsible person for soil pollution and expand the interpretation of the land-use right holders in order to expand the scope of the responsible subject,and carry out the procedures of respon-sibility determination and pollution prevention at the same time,to avoid the deterioration of soil pollution.Under the guid-ance of the modern environmental governance principle of cooperation and common governance,the prevention and control of soil pollution should be carried out through the path of public-private cooperation,whereby the multiple subjects form a legal relationship of contract performance between the project company,the government,and other social capitalists,and a sound positive incentive mechanism is established to motivate the multiple subjects to carry out the project.Positive incentive mechanism should be established to stimulate the enthusiasm of multiple subjects to participate in the project,and the par-ticipation path of social subjects should be unimpeded to ensure the realization of environmental interests.
Soil pollution prevention and controlMultifaceted co-managementPublic-private partnership
万方数据
维普
