The Legal Dilemma And Countermeasures Of The Third Party Governance Of Industrial Pollution In China

Nowadays, the situation of China’s Industrial Pollution needs to be improved urgently. The Third Plenary Session of the 18 th national party congress clearly stated the implementation of the third-party governance of environmental pollution, and set up a market of environmental protection mechanisms. The third party governance is proved to be an effective measurement to solve industrial pollution problems both from the points of view of the advanced experiences of other countries and the practical domestic situation in China. However, due to the existence of the ineffectiveness of environmental legislation, poor environmental law enforcement and the missing of market regulations missing, etc, the third-party governance of industrial pollution in our country has been developing at a slow pace. Therefore, the third-party governance policies of industrial pollution dilemmas has been contributing significant practical importance to the environmental protection in China.This thesis presents from the concept and theoretical basis of the third party governance of industry pollution,. and on industrial pollution third party exist two kinds of disputes and alternative types were analyzed. After, systematically states the shortcomings of third party governance of the industrial pollution in our country in terms of legislation process and its governance. Then, based on the study of industrial pollution control count measures in United States, Germany, Japan and other countries by means of comparative analysis, comes up with useful experience from these developed countries, which is useful for China to adopt. Then, this thesis has also analyzed the third party governance dilemma and the causes from the angle of industries. At present, the most related documents in this field are from the industries point of view, however, I consider that it is rather crucial to analyze this issue from the both sides. Therefore, this thesis mainly analyzes the causes of the slow development of industrial pollution third party governance from the industries point of view and put an emphasis on the dilemmas of industrial third party governance in terms of legislation,supervision, law enforcement and market regulations. In the last, based on the experience from other countries and combined with the current policies of environmental protection in China, I put forward suggestions to industrial pollution third party governance in the field of environmental legislation, law enforcement and market regulations making. In the meanwhile, the issue that if the responsibilities of industrial enterprise pollution could be transferred to a third party management company has also been analyzed and discussed and have also provided proof to support my final conclusion.Meanwhile, according to the basic principle of market regulation,to constructed its market rules and regulations principle to a preliminary exploration.