我国土壤修复基金制度的构建问题研究
发布时间：2018-08-23 14:47
【摘要】：土壤污染所导致的环境损害包括人身、财产以及生态环境自身的损害,对于土壤污染造成的人身和财产损害可以通过《侵权责任法》来解决,而对于土壤生态环境损害却缺乏合理的救济,从而导致大量污染场地没有得到及时的修复。土壤污染防治立法进程的不断推进无疑是对污染场地的修复提供了新的机遇。当前我国土壤污染形式严峻,污染场地修复需要大量资金支持,而构建基金制度是承担污染场地修复费用的普遍经验。土壤修复基金是土壤修复领域“谁污染、谁治理”原则失灵下的重要补充,是破解我国土壤生态环境损害赔偿领域“企业污染,群众受害,政府买单”困局的新的探索。因此,研究构建我国土壤修复基金制度是破解当前土壤修复领域困局的必然要求。本文从土壤修复的相关法律法规、政策和实践经验入手,具体分析构建我国土壤修复基金制度的资金来源、启用程序、追偿机制,以解决对土壤污染造成的土壤生态环境自身损害的救济。本文首先界定了土壤修复基金所属法律类别和性质,明确土壤修复基金是一个政府性基金,其具有公益性和补充性。其次分析土壤修复基金的资金来源问题,认为政府拨款和行政性收费是土壤修复基金的主要资金来源,而环境责任保险赔付费用、追偿所得资金、罚款等还是其辅助资金来源。然后分析我国土壤修复基金的启用程序,认为在突发性污染事件、历史遗留污染场地以及污染责任主体拒不履行或没有足够能力履行等情形下启动基金,认为环境行政机关、人民法院和社会组织及公众都是申请主体,并认为委托第三方修复为其主要修复模式。随后分析基金追偿机制,认为土壤修复基金管理机构是最合适的原告,应在诉讼前进行磋商和解,并对追偿诉讼与环境公益诉讼的衔接问题进行了探讨。通过对三个问题进行研究,力图理顺构建我国土壤修复基金的相关内容,真正发挥基金制度在土壤修复领域的作用。
[Abstract]:The environmental damage caused by soil pollution includes the damage of person, property and ecological environment itself. The damage to person and property caused by soil pollution can be solved by the Tort liability Law. However, there is no reasonable remedy for the damage of soil ecological environment, which leads to a large number of contaminated sites not being repaired in time. The continuous advancement of the legislative process of soil pollution prevention and control is undoubtedly a new opportunity for remediation of contaminated sites. At present, the form of soil pollution in our country is severe, the remediation of contaminated sites needs a lot of financial support, and the construction of fund system is a common experience to bear the cost of remediation of contaminated sites. The soil remediation fund is an important supplement to the failure of the principle of "who pollutes, who governs" in the field of soil remediation, and is a new exploration to solve the dilemma of "enterprise pollution, mass victimization and government paying the bill" in the field of compensation for soil ecological environment damage in China. Therefore, it is necessary to study the construction of soil remediation fund system in order to solve the current difficulties in the field of soil remediation. Starting with the relevant laws and regulations, policies and practical experiences of soil remediation, this paper analyzes the sources of funds, procedures and recovery mechanisms for the construction of the soil remediation fund system in China. In order to solve the soil pollution caused by the soil ecological environment damage relief. This paper first defines the legal category and nature of the soil remediation fund, and makes it clear that the soil remediation fund is a government fund, which has public welfare and supplementary nature. Secondly, the paper analyzes the fund source of the soil remediation fund, and thinks that the government appropriation and administrative charge are the main sources of the fund, while the environmental liability insurance pays the expense, recovers the income funds, the fine and so on is the supplementary fund source of the soil remediation fund. Then, the paper analyzes the procedures for the opening of the soil remediation fund in China, and considers that the fund should be started under the circumstances of sudden pollution incidents, historical contaminated sites and the failure of the main body responsible for pollution or the lack of sufficient ability to perform the fund, and consider that the environmental administrative organ should start the fund. People's courts, social organizations and the public are the main body of the application, and trust third party repair as its main repair mode. After analyzing the recovery mechanism of the fund, the author thinks that the management organization of the soil restoration fund is the most suitable plaintiff, and should negotiate and settle before the lawsuit, and discuss the connection between the recovery lawsuit and the environmental public interest lawsuit. Through the study of three problems, this paper tries to straighten out the relevant contents of the soil remediation fund in China, and give full play to the function of the fund system in the field of soil remediation.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.68
[Abstract]:The environmental damage caused by soil pollution includes the damage of person, property and ecological environment itself. The damage to person and property caused by soil pollution can be solved by the Tort liability Law. However, there is no reasonable remedy for the damage of soil ecological environment, which leads to a large number of contaminated sites not being repaired in time. The continuous advancement of the legislative process of soil pollution prevention and control is undoubtedly a new opportunity for remediation of contaminated sites. At present, the form of soil pollution in our country is severe, the remediation of contaminated sites needs a lot of financial support, and the construction of fund system is a common experience to bear the cost of remediation of contaminated sites. The soil remediation fund is an important supplement to the failure of the principle of "who pollutes, who governs" in the field of soil remediation, and is a new exploration to solve the dilemma of "enterprise pollution, mass victimization and government paying the bill" in the field of compensation for soil ecological environment damage in China. Therefore, it is necessary to study the construction of soil remediation fund system in order to solve the current difficulties in the field of soil remediation. Starting with the relevant laws and regulations, policies and practical experiences of soil remediation, this paper analyzes the sources of funds, procedures and recovery mechanisms for the construction of the soil remediation fund system in China. In order to solve the soil pollution caused by the soil ecological environment damage relief. This paper first defines the legal category and nature of the soil remediation fund, and makes it clear that the soil remediation fund is a government fund, which has public welfare and supplementary nature. Secondly, the paper analyzes the fund source of the soil remediation fund, and thinks that the government appropriation and administrative charge are the main sources of the fund, while the environmental liability insurance pays the expense, recovers the income funds, the fine and so on is the supplementary fund source of the soil remediation fund. Then, the paper analyzes the procedures for the opening of the soil remediation fund in China, and considers that the fund should be started under the circumstances of sudden pollution incidents, historical contaminated sites and the failure of the main body responsible for pollution or the lack of sufficient ability to perform the fund, and consider that the environmental administrative organ should start the fund. People's courts, social organizations and the public are the main body of the application, and trust third party repair as its main repair mode. After analyzing the recovery mechanism of the fund, the author thinks that the management organization of the soil restoration fund is the most suitable plaintiff, and should negotiate and settle before the lawsuit, and discuss the connection between the recovery lawsuit and the environmental public interest lawsuit. Through the study of three problems, this paper tries to straighten out the relevant contents of the soil remediation fund in China, and give full play to the function of the fund system in the field of soil remediation.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.68
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相关期刊论文 前10条
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