Study On The Legal Liability System Of The Third Party In The Treatment Of Environmental Pollution

In recent years,with the rapid growth of China’s economy,the problem of environmental pollution has become increasingly serious,and the traditional model of environmental pollution treatment has gradually shown its shortcomings.In order to improve environmental quality and curb environmental pollution,China’s environmental protection department has formulated a series of environmental protection measures.As a new type of pollution control model,third-party governance of environmental pollution came into being in this context.Third-party governance is a typical market-based pollution control model.Sewage companies pay pollutants to third-party companies for professional management to achieve a certain effect.This model is of great significance for improving environmental quality and promoting the development of environmental protection industry.But at the same time,the application of the third-party governance model of environmental pollution has broken the traditional single model of the government and the polluting enterprises,and introduced the third-party professional polluting enterprises as the main body,which has caused environmental pollution due to violations of laws and regulations.At times,the division of legal responsibility and the acceptance of legal responsibility become more complicated.The former Ministry of Environmental Protection of China issued relevant policy documents on third-party governance of environmental pollution in 2014 and 2017,respectively,which stipulate that environmental service contracts can be signed between polluting enterprises and polluting enterprises to carry out legal liability issues between the two.It is agreed that this provision has an important guiding role in a macro sense,but it has not been touched on in the specific manner and scope of responsibility,there are certain difficulties in operation,and this provision only involves civil legal liability,and Environmental pollution governance reflects a strong public interest.When environmental pollution is caused,can the administrative legal responsibility of the relevant subject be transferred by a civil contract,how to transfer,what is the legal basis for the transfer,etc.Further research.Based on the combination of literature reading and practice,this paper studies the legal responsibility of third-party governance of environmental pollution,and concludes that the current third-party governance in China is based on legal responsibility,judgment standards,commitment procedures,commitment methods and supporting facilities The measures are inadequate in several aspects,and corresponding suggestions are put forward for the existing problems: for example,the improvement of the legal system of the third party ’s legal responsibility for environmental pollution;the principle of unity of responsibility and rights as the criterion for responsibility judgment;Procedures;Independence of administrative legal responsibility of pollution control enterprises;Improvement of supporting measures,etc.This article discusses the thesis in four main parts.The first part is an overview of the third-party governance model of environmental pollution.This part focuses on the rise,theoretical basis and applicability analysis of the third-party governance model,as well as the legal responsibility in the third-party governance model.The problem is introduced;the second part is the main problems existing in the legal responsibility of the third-party governance model,which is mainly discussed from four aspects: one is the lack of legal basis for responsibility;the second is the lack of judgment standards for responsibility;the third The procedure for assuming responsibility is not stipulated;fourth,the method of assuming responsibility is not clear;and fifth,the supporting measures for assuming responsibility are not perfect.The third part is the experience of third-party governance legal responsibility abroad.By introducing the relevant provisions of the United States and Japan in the thirdparty governance legal responsibility,what lessons can be learned from the use of the thirdparty governance model in China And revelation.The fourth part is the suggestions for improving the legal responsibility system for the third-party governance of environmental pollution.The first is to improve the standardization system for the legal liability of the thirdparty governance of environmental pollution;The procedure of responsibility;the fourth is to clarify the way in which the parties of the parties bear responsibility;the fifth is to improve the supporting measures.