Research On The Assumption Of Administrative Responsibility In The Third Party Treatment Of Environmental Pollution

The third party governance in the handling of environmental pollution is an important system in making innovations in environmental protection mechanism,in order to better its effects,the central government has constantly introduced corresponding policies,at the same time,local governments are actively exploring.However,the participation of the third party complicates the legal relation,and the system is faced with some problems in the process of implementation,among which,the assumption of administrative responsibility between the polluter and the third party enterprise is the most prominent problem.At first,this paper investigates the legislation and practice of administrative responsibility.On the one hand,relevant legislation is sorted out in order to find the basis for responsibility.On the other hand,cases in practice are integrated to try to find out the obstacles in the implementation of third-party governance.Secondly,through the analysis of the current situation found the problem.First,the existing laws and normative documents lack direct provisions on the administrative responsibility of the third party governance,and the relevant basis and standards are insufficient.They only provide general provisions on "subject responsibility" and"pollution control responsibility",but there is no clear explanation for this,and the subject status of the third party’s administrative responsibility has not been confirmed.Secondly,whether pollution control responsibility can be transferred by contract is still controversial.Third,the relevant supporting measures are not perfect.Finally,the paper responds to the problems found.Regarding the establishment of the subject status of the administrative responsibility of the third party pollution control enterprises,the polluter’s burden principle,the principle of the unification of responsibilities and rights,the behavior responsibility and the state responsibility provide theoretical support.On this basis,combined with different modes of administrative responsibility between the polluter and the third party enterprise is discussed.Specifically,the two parties’ cooperation modes include entrusted operation mode,in-plant construction operation mode and out-plant construction operation mode.The three modes have different responsibilities.In addition,suggestions are put forward for the construction and improvement of relevant supporting measures,hoping to make the third party governance model better play the institutional advantages.