LIU Chan    Law School

Abstract：In view of the soil pollution problem left over by historical reasons in our country is still very serious, the number of contaminated soil plots is large, the scale is large, the area of agricultural land pollution is wide, the soil pollution problem of industrial and mining enterprise sites is prominent, it seriously threatens the quality safety of our country's agricultural products, the safety of human settlements and the safety of ecological environment. Therefore, the prevention and control of soil pollution requires a large amount of investment. According to the international experience and Taiwan's experience of our country, the establishment of Soil Pollution Control Fund can alleviate the shortage of funds for soil pollution control and lighten the financial burden of the government. Because of this, “Soil pollution control fund management measures” and local supporting provisions accordingly. But through combing the existing legal provisions, it is found that there are still the following problems: first, the fund-raising channels are not clear. At present, the fund's source of funds is relatively limited, and it still relies too much on the government's public financial input, causing a greater financial burden to the government. Secondly, the limited use of the fund, it is difficult to play the prevention of soil pollution, to encourage public participation and soil pollution control technology research and development functions. Third, the fund's application to start non- standard, especially not clear the fund to start the main application, the specific conditions for the application to start the fund, the fund to start the relevant procedures. Finally, the use of the fund management system is not perfect, mainly in the use of the fund information disclosure is insufficient, the fund's evaluation mechanism is not perfect, the fund's external supervision is not enough. In view of the above-mentioned problems, we propose the following ways to improve the law. First of all, broaden the fund's fund- raising channels, it is suggested to increase the revenue of administrative penalty for soil pollution cases as the financing channel, to increase the land tax and land transfer fees as the financing channel, and to increase the recovery of the cost of soil pollution remediation and treatment as the financing channel. Second, to expand the scope of use of the fund, it is proposed to include in the scope of use the litigation costs borne by social organizations in public interest litigation cases, and to include in the scope of use the costs of research and development of soil pollution prevention and control technologies, at the same time, the reasonable cost of preventing soil pollution should be brought into the scope of application. Thirdly, to standardize the application of the fund start, it is suggested to add qualified social organizations as the main body of the application, to specify the specific conditions of the application, and to detail the fund start procedure. Finally, we will improve the supervision system for the use of funds by establishing a public appraisal system for the use of funds, a public disclosure system for the use of funds, and a performance evaluation system for the use of funds, to enrich and perfect the supervision and management system of fund use in our country, strengthen the supervision of the public on fund management and use, force the responsible person to use the fund prudently and improve the efficiency of fund use.

Read the article here:    土壤污染防治基金法律问题研究.pdf