土壤污染治理責任的减輕機制研究

Study on Mechanism of Reducing Responsibility of Soil Pollution Management

我國《土壤污染防治法》和《民法典》規定了土壤污染責任人的修復責任，但並未規定免責事由。這會造成企業因擔心承擔土壤污染修復責任而降低在已開發地塊上投資意願的不良後果。美國1980年的《超級基金法》確立了嚴格責任和連帶責任，責任主體十分寬泛，意在快速籌措污染土壤治理資金。由此帶來了因企業壓力過大而降低投資治理污染土地等問題，觸發了歷經40年的建立减輕企業污染治理責任機制的探索，確立了無辜土地所有者抗辯、善意購買者抗辯、相鄰財産所有者抗辯、資金支持，時間壓力减輕等制度。同時，嚴格責任的適用有所放鬆，連帶責任的承擔有所限定。這些改革使其土壤污染治理責任承擔機制合理化。我國也應對建立土壤污染治理責任减輕機制，明定抗辯事由，並結合土壤污染治理責任承擔方式的動態性，增加相關主體間的協商空間和路徑，對所涉及的各種權益進行均衡保護。

China's Soil Pollution Prevention and Control Law and the Civil Code provide for the liability of those responsible for soil pollution remediation, but do not provide for exemptions from liability. This can cause the undesirable effect of reducing the willingness of companies to invest in developed parcels of land for fear of liability for soil contamination remediation. The U. S. Superfund Act of 1980 established strict liability and joint and several liability, with a very broad liability body, intended to raise funds quickly. This brought about problems such as lowering investment to treat contaminated land due to excessive corporate pressure, triggering a 40-year quest to establish a mechanism to reduce corporate responsibility for pollution treatment, establishing a system of innocent landowner defenses, bona fide purchaser defenses, adjacent property owner defenses, financial support, and time pressure relief. At the same time, the application of strict liability has been relaxed, and the joint and several liability has been limited. These reforms rationalize its mechanism for assuming responsibility for soil pollution control. China should also establish a mechanism to reduce the responsibility of soil pollution control, specify the defenses, and combine the dynamics of the way to assume the responsibility of soil pollution control, increase the space and path of negotiation between relevant subjects, and provide balanced protection for the various rights and interests involved.