Institutional Construction On Environmental Pollution Control By A Third Party

December 27,2014 the State Council issued "on the implementation of environmental pollution third-party governance views",clearly put forward the implementation of environmental pollution third-party governance system,the establishment of "market-oriented,professional,industry-oriented" environmental services industry.Through the market mechanism to develop environmental services market,the introduction of social capital,to encourage private participation in environmental pollution control.China's implementation of the third party governance of environmental pollution is still in the exploration,in the equality of civil subjects to establish between the pollution control for the purpose of the academic community on the nature of the classification of controversy,while third-party legal responsibility is not clear,these institutional barriers to the implementation of this model.The pollution control of the pollutant produced by the sewage enterprise is the public law obligation given by the public law such as the environmental protection law and the administrative law.The enterprise,as a profit-making rational economic man,can not be consciously fulfilled the obligation The Government supervision is not in place,the illegal cost is lower than the law-abiding costs,the third party management enterprises do not trust,the contract is not fully fulfill the legal responsibility of the commitment and other factors,making the sewage enterprises dare not rush action.Therefore,how to mobilize the enthusiasm of the sewage enterprises to take the model to reduce the risk of sewage enterprises and liability risk is in the system level need to solve the problem.This article strengthens the government supervision system by perfecting the government environmental responsibility system,clarifies the legal nature of the third party governance of environmental pollution and the rights and obligations of the contracting parties,and builds the market access system for the third party governance of environmental pollution and improves the public participation And so on,for the government to promote and improve the environmental pollution third-party governance system to create conditions.