Research On Administrative Legal Liability Under The Third-party Governance Mode Of Environmental Pollution

Under the mode of third-party control of environmental pollution,the pollutants are handed over to professional third-party pollution control enterprises for treatment,which not only reduces pollution control costs,improves production efficiency,but also achieves good control effects.Compared with the traditional model in which the polluter is a single responsible subject,the third-party governance model for environmental pollution has become complicated with the addition of environmental service companies,and the distribution of responsibilities has become a difficult problem.The division of administrative legal responsibilities among the three main bodies of government departments.In order to reasonably divide the administrative responsibilities among the three,it is necessary to clarify the mode of third-party governance,which is divided into government-enterprise cooperation mode and enterprise-enterprise cooperation mode.Among them,the enterprise-enterprise cooperation mode can be further divided into the entrusted operation mode and the construction operation mode.The governmententerprise cooperation mode is divided into the franchise mode and the government purchase of environmental services.The franchise mode is an administrative agreement,and the government purchase of environmental services is a civil contract..Under the enterprise-enterprise cooperation model,by sorting out the current legislative situation and investigating the administrative litigation cases and administrative penalty cases in my country in recent years,it is found that in practice the phenomenon of different sentences for the same case occurs,and the legal provisions that the courts rely on are different.,the results of the judgments are also different.Administrative law enforcement agencies also have a certain degree of arbitrariness when imposing administrative penalties.Some cases impose administrative penalties on polluting enterprises according to the "Opinions",and some impose administrative penalties on third-party governance enterprises according to other legal norms.In the mode of government-enterprise cooperation,through the analysis of the cases,it can be seen that the corporate governance responsibility is too heavy in practice,and the performance of the government’s supervision responsibility is not in place.From this,it can be concluded that there are dilemmas such as imperfect legal norms,chaotic standards for third-party governance enterprises to undertake administrative responsibility,and imperfect third-party governance administrative supervision system.Therefore,it is necessary to improve the administrative legal system of third-party governance in my country.Under the enterprise-enterprise cooperation model,the administrative responsibilities of pollutant discharge enterprises and third-party governance enterprises shall be assumed according to the entrusted operation model,the construction and operation embedded governance model and the construction and operation independent governance model.Make a reasonable division to provide a reference for the administrative law enforcement agencies to impose administrative penalties,and at the same time,establish the independent status of the third-party governance enterprise environmental administrative counterpart.Government departments should strengthen the qualification management of third-party governance enterprises and effectively perform their supervisory duties.At the same time,they should also assume corresponding administrative responsibilities under the government-enterprise cooperation model,and reasonably divide each other’s rights and obligations.