The Legal Responsibility Of The Third Party In Water Pollution Of Third Party Governance Mechanism

Water pollution has been the major obstacle of the development of national economy,from central to local levels,the governments have been actively exploring in the practice of treating water pollution,but the actual effect and expectations are not consistent.In order to fundamentally solve the problem of water pollution,the third plenary session of the eighteenth explicitly put forward Treating Environmental Pollution to a Third Party,which put forward by our party and government who keep up with the development of the time,and pointed out a new direction for our country to treat water pollution.Third party governance mechanism in water pollution is not only an innovation in system,but also put forward new requirements in the aspect of law.As the join of the third party,the subject of legal responsibility of water pollution change from pollution emission firm to pollution emission firm and the third party.There are several difficulties such as the unclear liability share between pollution emission firm and the third party,unfair competition between the third parties,the short of auditing,identifying and stipulating standard from the government to the third party,and the unclear of defining criminal responsibility of the third party who break the law on a serious scale.The reasons are the traditional view of whoever pollute,whoever governance,the current water pollution behavior system of the legal liability is not perfect enough,the short of clause about legal liability change from pollution emission firm to the third party,and the third party's legal liability is difficult to implement in practice.Through the demarcation of related problems about the third party's legal liability in third party governance mechanism in water pollution,and draw lessons from EU,I put forward the following aspects to explore the third party's legal liability in third party governance mechanism in water pollution:the responsibility for breach of contract between the third party and pollution emission firm,the responsibility of unfair competition between the third parties,the administrative responsibility cause of the third party in violation of government regulation,and the criminal responsibility of the third party who break the law on a serious scale.These will illustrate the division of legal liability for different subject in the process of implementation,and the setting and specific way of the third party's legal liability,which will provide legal protection for the implementation of treating water pollution to a third party.