Identification and Implementation of Legal Liability for Soil Pollution: An Analysis Based on the Changzhou Toxic Land Case
Abstract
The Changzhou toxic land case has become a microcosm of the legal liability challenges regarding soil pollution in China. There is urgent need to clarify the retroactivity principle and classification of litigation time limit rules, enhance the soil pollution remediation system coordinating public and private law mechanisms, and strengthen accountability mechanisms within the systematization of environmental litigation. On the one hand, it is imperative to establish the legal liability framework for soil pollution in the Ecological Environment Code, ensuring its articulation with other subsections of the pollution control code and legal liability code, while constructing specific provisions through effectiveness systems, responsibility systems, and litigation systems. On the other hand, adopting the “true retroactivity” principle while differentiating types of litigation time limit rules. Meanwhile, delineating environmental legal responsibilities between the Xinbei district government and the three chemical plants, with particular consideration to eligibility criteria for responsible parties and exemption grounds.
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