Research On Tort Liability Of Third Party Management In Environmental Pollution

The third-party management of environmental pollution is an inevitable result from the expanding of the environmental pollution management market,and the complexity of environmental pollutants which has lead to more difficulties to control.At the same time,it is also a necessary path in the modernization of environmental governance in China.Infringement caused by environmental pollution control is a common legal problem in pollution control,and the liability is an unavoidable responsibility for polluters.When a third-party governance organization is involved,the original legal relationship will be changed,and the tort liability will naturally be transformed compared to traditional environmental damage torts.Especially with the gradual improvement of pollution control requirements and the specialization of third-party management of environmental pollution,different modes of operation have appeared in practice.Therefore,in order to promote the healthy development of third-party management institutions in a more complete legal system,this paper discusses the problem of tort liability of environmental pollution management by third party in different modes and analyzes the reasons,and puts forward suggestions for improvement based on foreign experience,starting from the existing legislation,theoretical basis,and combining practice cases.This paper first introduces the research background and significance,and lays the foundation for the problem.Clarified the definition of third-party governance of environmental pollution and the legal connotation of third-party governance of environmental pollution,and fully explained why the existence of third-party governance organizations for pollution caused the issue of tort liability determination,and the tort liability laws involved.How has the relationship changed.Then,in connection with the change of the subject,it provides the legal basis for the subject of the third-party governance responsibility for environmental pollution and the principle of attribution,and discusses the birth and change of the principle of polluter responsibility,the principle of environmental pollution infringement rules and other theories,which are practical problems in the following sections.Analysis to prepare the groundwork.In order to have a deeper understanding of the rights and obligations of various subjects of environmental pollution infringement,this paper adopts the form of case analysis,selects practical cases in different modes,and through current judicial judgments,finds different problems in different modes and analyzes the reasons: the existing legislation such as The "Civil Code","Environmental Protection Law" and other issues of insufficient legislation in the face of third-party governance,the limitation of the principle of no-fault liability in environmental tort liability in the face of third-party governance,and the first Problems existing in the subject of tripartite tort liability.In order to solve the above problems,draw lessons from the experience of other countries in the third-party governance of environmental pollution,represented by the legal provisions and system construction of the United States,Japan and Germany in relevant aspects,not only for the definition of tort liability for third-party governance of environmental pollution in my country,but also for the Learn from experience in the overall modernization of environmental pollution control.Finally,based on the status quo and problems,combined with the aforementioned theoretical basis and advanced experience,this paper proposes countermeasures such as improving legislation and improving the current legal system for the assumption of tort liability for third-party governance of environmental pollution.