A Study On The Duty Of Care In The Third Party Control Of Environmental Pollution

Duty of care in the field of civil and criminal areas of research in the field of study as an analysis of the behavior of people or the defendant is an important method of fault.In the contemporary legal system under the framework of the two legal systems for the duty to do further study and analysis.In the theory circle of our country,the duty of the study also favored by more and more scholars,scholars and on mining and the research more deeply.With the upsurge of public awareness of rights,a large number of tort cases into the court to seek relief,therefore,the judicial practice needs the theoretical support,the active exploration practice,tries to pay attention to the existence of the obligation and the duty of the violation as a man has a fault to determine the behavior criterion.There are discussed from the legal obligation level,also have the reason from the general duty level,the duty of care theory has become the defendant infringement cases according to legal liability,but overall these practices are not system and is not thorough.In the case of Taizhou,the court established the sewage enterprises not directly dumping duty,to determine the legal liability of polluters in the disposal of wastes.The case is the environmental pollution in the third party governance system,should be a duty of care and not the judgment of the pollutants in waste disposal.Taizhou enterprise decision,is the representative of attention application in the field of environmental legal obligations.This article tries to clarify the problems existing in the environmental pollution of compulsory third party governance in the enterprise,makes some contributions to the legal liability between judicial practice in the duties of care and reasonable judgment in the main body of sewage pollution and the definition of the two.In addition to the introduction,the text is divided into five parts.The first part mainly introduces the basic situation of Taizhou environmental pollution case and proposes the research question of this article.Pay attention to whether the enterprise assumes responsibility and obligations concerning specific issues bear the responsibility in the case,so how to define the basic problem to be solved in hearing similar cases of duty of care in the body of sewage and pollution has become the main body of the third party governance in particular,in the implementation of the third party governance system in China under the background of the duty of corporate polluters and pollution,as well as the legal liability problems based on obligation has important practical significance.The second part mainly discusses and compares the differences about the duty and violation of established criteria of two legal systems.This paper introduces two systems on the duty of care and duty of care are standard on the characteristics and specific methods of judging the violation.This paper points out that the environmental pollution control in the third party governance system,enterprises and sewage pollution enterprises as a special waste disposal companies,bears the duty of care of height,it should take the three step test in Anglo American law system to judge the enterprises.The duty of care of the industry is set up;it should adopt the "professional standards" in the standard of the rational person to determine whether the enterprise violates the duty of care.The third part focuses on the specific duty of care exists in the environmental pollution control third party in the sewage enterprises.Through the analysis,this paper points out that the sewage enterprises in the third party governance not only should have the obligation to truthfully declare,obtain approval from competent authorities to transfer hazardous waste license obligations,will pay a qualified third party of hazardous waste disposal the obligations of the legal obligations,should also bear the qualification and ability to review third party payment enterprises,reasonable price of waste disposal,selection of obligations,inform.The general duty of supervision.The sewage enterprises fail to fulfill these obligations,which means negligence subjectively,should bear tort liability.The fourth part mainly discussed the third party pollution enterprises in the attention duty in the sewage enterprises in the environmental pollution in the process of the third party governance responsibility in providing professional services in pollution control.Through research,this paper puts forward third party enterprises.The statutory obligations include the existence of industry obtain legal authorization,check the source of waste disposal of waste and other obligations,personally prudent obligations;should also bear the obligation to maintain cooperation with hand,emergency duty of general duty of care.The fifth part,the duty of legal liability is to solve the environmental pollution problem between the main third party governance system.This part firstly pointed out in the third party governance system,environmental pollution liability subject has changed,the main responsibility lead to diverse problems,responsibilities of the second,the consideration of environmental pollution whether the enterprise can protocol will belong to the sewage pollution liability to transfer to the third party pollution enterprises in the third party governance?Who will bear the main responsibility,the responsibility on the basis of why,this paper made a detailed analysis.Finally,the determination of the sewage and pollution control company between third party pollution enterprises administrative responsibility and civil responsibility put forward their own views.