Research On The Legal Liability For The Third Party Treatment Of Environmental Pollution

In the past,environmental pollution control always adhered to the principle of"who pollutes,who takes care of it".However,because polluting enterprises do not have high governance ability and professional pollution control equipment,they cannot meet the needs of today’s environmental problems.The government,which is responsible for environmental governance within the public scope,cannot make scientific decisions due to the lack of well-trained pollution control personnel and perfect solutions.At this point,the third party treatment of environmental pollution is proposed:the polluters or the government,who have the obligation to treat pollutants,should pay the corresponding remuneration according to the agreed content of the contract and hand over the pollution treatment work to the professional third party treatment enterprise.This new mode of pollution control is conducive to intensive pollution control,can improve the efficiency of pollution control,is conducive to the supervision of environmental protection departments,can effectively reduce the cost of law enforcement,has a positive impact on promoting the innovation of environmental protection technology,and can promote the upward and sound development of environmental protection industry.However,according to data,only a small number of pollution discharge enterprises are introduced in China,and most of the pollution control mode stays in the traditional environmental pollution control mode.The reason is that due to the addition of third-party governance companies,the originally simple environmental governance model has become complicated,and the reasonable division of responsibilities has fallen into a dilemma.However,there is no unified standard in the theoretical and practical circles in China.The concept of the third party treatment of environment pollution refers to the adverse legal consequences that the polluters and the third party governance companies should bear when the environmental service contract between them is extended and the damage result is caused or the party breaches the contract.The third party environmental pollution control system is divided into two different modes,the commissioned operation mode and the construction operation mode,based on which party has the property right of the pollution control facilities according to the contract between the polluters and the third party pollution control enterprises.Suggestions on how to share environmental civil liability are put forward on the basis of these two models.Under the construction operation mode,it is divided into independent type and embedded type.Under the independent type,due to the status of pollutant producer,the polluters can constitute a third party infringement,and the third party treatment enterprise can be solely responsible for cutting off the control of pollutants by the polluters.Under the embedding type,if they meet the constitutive requirements of joint tort,they need to bear joint liability together.If one of the two subjects is at fault or both of them conform to the torts of several people who have no intention of contact,they should bear joint liability or partial liability.Under the entrustment operation mode,considering that the pollutant-discharging enterprise is the producer of pollutants and enjoys the property right of the pollution control device,so it bears the responsibility,and the third party governance enterprise bears the responsibility only for joint infringement with the pollutant-discharging enterprise.In terms of the division of environmental administrative responsibility,in order to solve the problem of unclear administrative counterparts,this paper introduces the concept of "cause person",which is also proposed by distinguishing two modes of entrusted operation and construction operation.Under the commissioned operation mode,the third party governance company cannot become the administrative relative person,but the pollution discharging company can make up its own losses by investigating the breach liability of the third party governance company after assuming the administrative responsibility.Under the construction and operation mode,because the property rights of the production and treatment equipment of pollutants are respectively enjoyed by different subjects,they are independent from each other,and the administrative responsibility is assumed by the "cause".In the aspect of the division of environmental criminal responsibility,the first is to judge whether the polluters or the third party governance companies are "polluters",and then to determine their criminal responsibility according to law;For the "non-polluter",if there is sufficient evidence to show that there is a joint crime between the two,then the "non-polluter" can be prosecuted for criminal liability in the name of accomplice.