Research On The Division Of Environmental Tort Liability In The Third-party Treatment Of Environmental Pollution In My Country

With the complexity of my country’s environmental problems,the task of environmental pollution control is becoming more and more arduous.Facing the complex governance tasks of modern society,the traditional environmental pollution control model has been difficult to adapt,and a new environmental pollution control model is needed to reduce the cost of pollution control and improve the efficiency of pollution control.The third-party environmental pollution governance model can just meet these requirements and enable the development of the environmental governance industry.However,the third-party treatment of environmental pollution also faces some difficulties in the process of operation,one of which is the division of environmental tort liability between the pollutant discharge company and the treatment company.This article first analyzes the existing norms of environmental tort liability in the third-party treatment of environmental pollution,and finds the reasons for the unclear division of environmental tort liability between the polluting enterprise and the treatment enterprise in the third-party treatment of environmental pollution.First,there are problems in existing legal regulations.First,there is no distinction between environmental civil responsibility and environmental administrative responsibility,and second,it only outlines responsibilities such as "subject responsibility" and "pollution control responsibility",but there is no further explanation.Finally,there is no provision in the current normative documents regarding whether the governance enterprise should bear environmental tort liability.Second,the environmental civil liability system for multiple torts is imperfect.When applying the legal provisions of civil tort liability,it is also faced with the unclear principle of environmental joint tort liability,the unsound way of assuming the environmental civil torts of multiple persons,and the unreasonable classification of the types of environmental civil torts of multiple persons.And other issues.Then,on the basis of drawing lessons from foreign experience,a suggestion is put forward to reasonably divide the environmental tort liability between the pollutant-discharging enterprise and the treatment enterprise in the third-party treatment of environmental pollution.First,improve the legal norms of environmental tort liability in the third-party governance of environmental pollution.That is to further clarify the existing normative documents on environmental civil tort liability,and clarify the legal basis for governing enterprises to bear environmental tort liability.Second,improve the environmental civil tort liability system for multiple persons.Specifically,it is to clarify the principle of liability for joint environmental infringement,improve the way of assuming environmental civil tort liability,and to scientifically and reasonably divide the types of environmental civil torts.Finally,a reasonable division of the environmental tort liability between the polluting company and the governance company in the third-party governance of environmental pollution.