Research on Judicial Application of Soil Pollution Remediation Responsibility in China

Abstract

The Soil Pollution Prevention and Control Act of the People's Republic of China was enacted on January 1st, 2019, thereby establishing a solid legal foundation to enhance and regulate soil pollution control measures within China, and addressing the deficiencies and completing the legal framework for soil pollution prevention and control. However, in the specific judicial practice process, the determination and the determination of soil pollution remediation liability often involves intricate processes and ever-changing characteristics, and the relevant legislation on soil pollution management responsibility needs further improvement. This study utilizes a sample of 12 soil pollution infringement cases from real-world judicial practice to examine the application and enforcement of remediation responsibilities in such instances.It clarifies difficulty in sharing responsibilities between the responsible entities, proving causal relationships, unclear direction of remediation costs, and unclear protection and remediation standards. Based on the analysis, this article further suggests pertinent strategies to refine and enhance the judicial application mechanism for addressing soil pollution remediation responsibilities within China and better protect the soil ecological environment.