Study On Civil Tort Liability For The Third-party Governance Of Enterprise Environmental Pollution

Along with the rapid development of the economy of our country,the drawbacks of the traditional environmental treatment mode of "whoever causes pollution is responsible for the treatment" have become increasingly obvious,and the third-party governance of environmental pollution emerges as the times require.As a new treatment mode,the third-party governance shows great advantages in saving pollution treatment cost and improving pollution treatment effects.The third-party governance of environmental pollution should be theoretically supported by the principle of assuming "liability for damage",the theory of public governance and the theory of multi-governance.The environmental service contract signed by the property pollution enterprise and the pollution control enterprise.And the third-party governance is classified into the commissioned operation mode and the construction and operation mode according to the ownership of polluting equipment.Although the application of the third-party governance of environmental pollution has been more common,but its civil liability in the judicial practice is still inadequate.After an in-depth study of 43 judgments,this article finds that the subject of civil tort liability for the governance by third parties,especially the party responsible for the treatment of the pollution,is not clear.The courts still follow the existing principle of "no-fault" liability fixation in determining the liability fixation principles.Meanwhile,the responsibilities of the parties who produce or treat the pollution are also not clearly defined.On the reasons,on the one hand,problems may arise as a result of the existing provisions on the governance by third parties are imperfect,the court’s thinking limited by the traditional pollution treatment mode,and different opinions in the academic community on the assumption of liability,and on the other hand,it is unreasonable to solely apply the principle of "no-fault" liability under the new treatment mode.Therefore,the scope of liable parties shall be clarified based on the ownership of the property rights of the pollution treatment equipment,and the positioning of liable parties of the "polluter infringer" and the "indirectly liable party" shall be determined.The principle of fault liability shall be introduced as the supplement to the "no-fault liability principle" for environmental torts,and a compound liability principle shall be established under the third party governance model to make the liability liability principle of liable parties reasonable and clear.Regulate the types of liability to be borne for civil tort,determine three types including sole liability for tort,liability for tort by several persons and special liability for tort,refine them in accordance with different standards,and finally arrive at 11 circumstances of bearing liability.On the premise that illegality is not a necessary condition for an environmental tortious act,it is necessary to sort out these circumstances one by one in detail,clarify the subjects and the scope of liability to be borne,and build the system for bearing civil liability for the third-party regulation of enterprise environmental pollution.