Research On The Legal System Of The Third Party Governance Of Environmental Pollution Under The Objective Of Ecological Security

In the context of constant promoting ecological civilization construction progress,as an efficient way of market pollution control,third-party environmental pollution control has been paid more and more attention.However,a series of problems have been exposed in the practice of third-party environmental pollution control,which are highlighted as the lack of ecological security concept of third-party environmental pollution control,and the lack of close connection between relevant legal system and ecological security goals.At present,it is urgent to improve the legal system of third-party environmental pollution control aimed at ensuring ecological security.Ecological security aims at the harmonious symbiosis between human society and ecological environment,and has intrinsic requirement for both overall security and local security coordination;organic integration of quantitative maintenance and variable control;mutual compatibility between current security and long-term security.Compared with the goal of ecological security,third-party governance of environmental pollution in China currently has backward concept of single environmental factor governance,extensive governance,and emphasizing governance over prevention.Therefore,in the concept of legal system,according to the characteristics of ecological environment and the requirements for ecological security,balanced ecological concept,the concept of fine governance,and the concept of the combination of prevention and control should be implemented and adhered to.Through the investigation on legal provisions and regulations of various normative documents concerning third-party environmental pollution control,it is found that the current legal system of third-party environmental pollution control in China mainly has problems such as imperfect subject system,unclear regulation system of pollution control process,and unclear pollution control responsibility system.In terms of main body rules:the qualification regulation of main body for pollution control is not perfect;the communication and coordination system between subjects is not perfect;the incentive system of ecological protection for relevant subjects is insufficient.These problems affect the smooth operation of the third-party environmental pollution control mechanism,make the third-party pollution control market mixed bag,and make the communication of pollution control information not smooth.Main body of environmental protection initiative is insufficient,posing a threat to ecological security.In terms of process regulation rules,environmental standards and governance technology regulations lack the compulsory binding force on ecological safety;the risk prevention system in the process of governance is not perfect;the imperfect process supervision system of pollution control becomes the main institutional dilemma of ecological security guarantee in the process of third-party pollution control.In terms of responsibility rules,the definition of governance responsibility is not clear,the accountability of ecological dereliction of duty is not enough,and the existence of these problems is not consistent with the requirements of ecological security.In terms of the construction of specific rules,the market access and withdrawal system should be further improved,and the threshold of entering the third-party pollution control market and the situation of withdrawing from the third-party pollution control market should be clarified,so as to ensure that the market subjects have the corresponding ecological security protection ability.The third-party environmental pollution control process should be adapted to the requirements of ecological security by means of reconstructing the standards and technical norms of third-party environmental pollution control,improving the ecological risk prevention system of third-party environmental pollution control and the process supervision system of pollution control.From the system,the responsibility boundary of pollutant discharging enterprises and pollution control enterprises should be clarified,and the accountability system for environmental dereliction of duty should be improved,so as to realize the ecological security responsibility of environmental pollution control by the third party.In a word,the legal system of third-party environmental pollution control should not only adhere to and implement the concept of ecological equity,refined governance and combination of prevention and control,but also build three-dimensional institutional guarantee before,during and after the event from three aspects of main body regulation,process control and responsibility.Only in this way,the thirdparty environmental pollution control can meet the needs of the current ecological civilization construction and the requirements of ecological security.