Study On The Legal Liability Of Third-party Management On Environmental Services

Environmental Protection Department issued " Guidelines on environmental protection system to further promote the development of environmental protection industry" on April 2011, the guidance clearly stated that request of "actively explore new environmental services contract for environmental services model" for the first time. The concept of the contract for environmental services, environmental services as an innovative business model, and has been active in the environmental protection industry. On January 14, 2015, the State Council issued "on the implementation of environmental pollution control third-party opinions" in the "Opinions" stressed adhere to the investment and operation environment utilities market-oriented operation, research to develop third-party service management approach, publishing standard contracts template to protect the interests of stakeholders, and improve the regulatory system, so that the efficiency and professionalism of pollution improved significantly. Our third-party environmental services in the past two years has been some development, on the one hand, it can not be separated clearly related policies; on the other hand, the operation related to the emergence of service providers and related projects are also promoting the role. Encouraged by the policy, and stimulate social capital, third-party environmental services as a kind of governance model get more maturing.Contract environmental services as an important basis part of the "12th Five-Year" development plan of environmental service industry, according to the plan, the future of integrated environmental services will become the development direction of environmental protection enterprises. However, due to the third-party environmental services is still in the initial stage, the system has not formed a system yet, subject many difficulties directly or indirectly affect to the progress of environmental services to third parties. Because government, service providers and environment polluting industries all Participants in the contract for environmental services, this makes the relationship between the three has complex responsibilities, and the traditional relationship between administrative law and environmental law contractual relations intersect in the contract for environmental services, resulting that in different modes they play different roles. So study on the legal liability of every participant is significant for third-party environmental services, making third-party liability clarity and it also has practical significance for solving the problems such as third-party environmental service provider and environmental polluters blame on each other for breaking the contract, infringing the rights or assuming administrative responsibility.Environmental manipulation soiled third-party service liabilities of the participants has been confirmed and norms, at the same time, the mechanisms for access and exit the third-party environmental services should be established, improve the relief system, strengthen supervision, standardize the market behavior, improve the relevant supporting policies and orderly manner to third parties for environmental services, which have a positive impact on the overall integrated environmental services industry, so that third-party environmental services can be standardizing, sustainable and healthy development.