REVIEW OF REGULATORY FRAMEWORKS FOR CONTAMINATED LAND IN CHINA

Abstract

China is suffering severe soil contamination, but no specific national legislation has been adopted to address this issue. Under the current regulatory framework, there are numerous relevant provisions on contaminated land management. It is recommended that a specific legislation should be promulgated at the national level to improve the current situation. Foreign experiences should be considered in China’s specific social environmental context. A proper liability mechanism should be established for a better judicial treatment to contaminated land issues. While a proper contaminated land liability mechanism is being developed, the principles of state liability and retroactive liability, and the principle that polluters pay should be followed. Public participation should be encouraged in contaminated land management.