Study On The Legal System Of Third Party Management Of Environmental Pollution

In response to the growing demand for environmental protection,third-party governance of environmental pollution has been initiated in national policies,and theoretical research has gradually come into people’s sight.The third-party governance of environmental pollution breaks the old concept of "who pollutes,who governs" in traditional models and fills the gap of government’s lack of vitality in environmental pollution governance.However,the regulations and supporting systems related to third-party governance are sporadic and incomplete in terms of laws and regulations.A well-developed legal system for third-party governance of environmental pollution is conducive to promoting the ecological innovation process of third-party governance,optimizing governance paths,and improving governance efficiency.How to systematically,standardize,and rationalize the legal system of third-party governance of environmental pollution is an urgent and important issue to be addressed.This article analyzes the current practical difficulties of third-party governance of environmental pollution in terms of the imbalance of governance responsibilities,insufficient market competition vitality,and lack of government supervision and management effectiveness,through the sorting of laws,regulations,and policy documents related to the legal system of third-party governance of environmental pollution and the analysis of judicial cases in the past decade.Based on the development experience of countries and regions such as the United States,Germany,and Japan where third-party governance of environmental pollution is well-developed or developing rapidly,the following suggestions are proposed.Firstly,improve the legal system of third-party governance of environmental pollution by establishing its legality in China’s environmental legal system in the form of principle clauses in upper-level legislation,and further refining the relevant clauses on its legal responsibilities.Secondly,clarify the responsibility allocation of third-party governance of environmental pollution.After determining the status of the responsible subject of third-party pollution control enterprises,analyze the civil and administrative responsibilities and redistribution of polluting enterprises and pollution control enterprises under the "government-enterprise model" and "enterprise-enterprise model" as the logical main line.Thirdly,improve the supporting systems of third-party governance of environmental pollution,promote the market incentive policies of reducing and exempting environmental taxes and appropriate environmental administrative rewards by improving the market access and exit mechanisms of third-party governance companies,improving the internal power distribution of the government,and forming external supporting systems of dynamic supervision mechanisms,and gradually refine the legal system of third-party governance of environmental pollution.It is hoped that feasible legal,effective management,and economically reasonable suggestions for system improvement can be proposed,optimize the path of third-party governance of environmental pollution,and promote the professionalization and standardization of third-party governance.