Plight And Outlet Of The Third Party Governance Of Environmental Pollution

With the appearance of climatic anomaly,ecological deterioration and other problems,more and more people begin to pay attention to pollution control.Environmental protection has gradually attracted people’s high attention.In the previous pollution control,the management concept of "who pollutes,who governs" has always been continued.Under the guidance of this concept,pollution control was only the independent treatment of pollutants by polluters under the supervision of the government.However,we can see from the practical results that this approach can’t achieve the expected results,and the environmental pollution has not been effectively contained on the whole.As a new idea,the third party governance of environmental pollution actively promotes the reform of pollution control mode and introduces the third party pollution control enterprises to carry out pollution prevention.In 2015,Opinions on Promoting the Third Party Governance of Environmental Pollution was officially launched by China.As a formal document,it guided the relevant work of the third party governance of pollution,which also marked the formal development of the third party governance system of environmental pollution in China.This paper will sort out the current situation of the third party governance of environmental pollution in China,and take this as the starting point to deeply analyze the existing legal difficulties,put forward suggestions for improving the legal regulation,and find the development path of the third party governance.In the discussion,this paper makes the following arrangements on the content for the third party governance of environmental pollution:Part One,this part systematically elaborates the basic intension and related concepts of the topic of "third-party governance of environmental pollution",defines the source and meaning of third party,and summarizes the features of third-party governance,so as to seek the basic theoretical basis from the perspective of multicenter governance theory and polluter pay principle,and simultaneously summarize the realistic needs of laws and regulations of third-party governance of environmental pollution.Part Two,this part concentrate elaborates the present situation of laws and regulations and policy making on the third-party governance of environmental pollution,analyzes the conceptual differences between the third-party governance and the environmental administrative agent system of environmental pollution,summarizes the major types of the development and application of the third-party governance model,and ultimately elaborates the functions and activities of the government in the third-party governance.Part Three,according to the development situation that is summarized in the previous part,this part analyzes the legal predicament of the third-party governance of environmental pollution,mainly analyzes the environmental civil liability and environmental administrative liability that are existing in the third-party governance of environmental pollution from the lack of legislation,and elaborates the accompanying system lack and supervision loophole of the third-party governance of environmental pollution.Part Four,this part draws lessons from the foreign legal regulation of the third-party governance,find specific response schemes from the legal level,and put forward some suggestions for improvement from legislation improvement,market regulation rules,environmental supervision and other aspects in view of the existing legal problems of the third-party governance of environmental pollution.