Research On The Civil Liability Of The Third-Party Governance Of Environmental Pollution In The Park

Industrial parks play a crucial role in promoting the development of the national economy,but they are also accompanied by environmental pollution issues.In order to fundamentally address this issue,the "support for third-party governance of park environmental pollution" was included in the report of the Third Session of the 13 th National People’s Congress in 2019.In July of the same year,the National Development and Reform Commission and other departments issued a document clarifying that "industrial parks are an important battlefield in the fight against pollution".This means that third-party governance of environmental pollution,as a new type of environmental governance model,has begun to be widely applied in the practice of pollution control in industrial parks.As an important field of the pilot of third-party governance of environmental pollution in China at this stage,industrial parks differ from general third-party governance of environmental pollution in terms of regional limitation,pollution concentration,and administrative management.However,with the increasing application of this model in pollution control practices in industrial parks over the years,the number of related civil liability disputes has also increased,bringing great litigation pressure to cooperation parties,and also posing challenges to the further promotion of this model.There are also differences in academia on how to reasonably allocate civil liability between pollution-emitting enterprises in industrial parks and environmental service companies.Studying the allocation of civil liability for third-party governance of environmental pollution and related issues can reduce subsequent liability disputes and also help to enhance the application drive of this governance model.Currently,in the third-party governance practice of industrial park environmental pollution,there are phenomena such as excessive burden of responsibility on polluting companies and ambiguity in the responsibility of environmental service companies,and the root cause is the imperfect mechanism for delegated governance responsibilities.On a legislative level,the meanings of normative concepts such as "polluter" and "subject responsibility" are not clear enough,leading to ambiguity in the specific scope of responsibility for polluting companies and the legally defined responsibility of environmental service companies.On a judicial level,there is room for improvement in the application of the principle of fault-free liability in external tort liability allocation,and the guiding function of model contracts in internal contractual liability definition has not been fully utilized.In addition,the lack of corresponding auxiliary measures for the special third-party governance cooperation field of industrial parks also hinders the definition and implementation of responsibilities.This article is based on the "danger control theory" and takes "control" as the main theme to explore the problem of external responsibility allocation in the third-party governance mode of environmental pollution.In the laws of many countries such as the United States and Germany,the "control" behavior of environmental equipment operators is an important reference factor for responsibility allocation.Inspired by this,when defining the identity of the "polluter" in the third-party governance mode of environmental pollution,"professional behavior of controlling environmental harm factors" should be used as the judgment criteria.In the allocation of external tort liability,"control" behavior can also assist in explaining the reasonableness of applying the principle of non-fault liability under the perspective of legal doctrine.In addition,it is recommended to establish a standardized contract system for third-party governance of environmental pollution in the park,strengthen the guiding role of demonstration text,clarify the scope and conditions of responsibility,and define internal responsibilities clearly.At the same time,by combining the advantages of the park location,mechanisms such as the public disclosure of third-party governance service information,environmental data monitoring and sharing,and environmental pollution liability insurance should be constructed to assist in defining and implementing the civil liability of third-party governance of environmental pollution in the park and achieve the long-term development of this model.