Research On The Civil Liability Of The Third Party Governance Of Environmental Pollution In China

With the increasingly serious environmental situation,China's traditional environmental pollution control model is no longer applicable to the current development requirements,environmental pollution control model continues to change.China is in the field of environmental protection is to develop and implement a series of reform measures to promote environmental pollution control third party governance model is one of the very important content.The Decision of the Central Committee of the Communist Party of China(CPC)on the Deepening of Some Major Issues in the Reform of the Central Committee of the Communist Party of China(CPC),the "2014-2015 Action Plan for Energy Conservation and Emission Reduction and Low Carbon Development",and the National Development and Reform Commission(NDRC)Task comments "are mentioned to promote third-party governance.The new Environmental Protection Act in 2015 will no longer emphasize who governs the principle of pollution,but the principle of damage to the burden of environmental pollution for the third party to build a large legal framework.On December 27,2014,the General Office of the State Council promulgated the Opinions of the General Office of the State Council on Implementing the Third Party Governance of Environmental Pollution(hereinafter referred to as "Opinions").As China's first,but also the only one at this stage more comprehensive and systematic provisions of environmental pollution third-party governance of the legal documents."Opinions"not only clearly stipulates the guiding ideology,basic principles and main objectives of the third party governance of environmental pollution,and provides the overall direction for the provinces,autonomous regions and municipalities to formulate specific rules and regulations that conform to the development of the region.The third-party governance market,the improvement of the third party governance market,the strengthening of the policy and the implementation of the organization and other important aspects of a more detailed assumptions and ideas for environmental pollution third party governance related to the specific The construction of the legal system provides policy support and guidance.Environmental pollution Third-party governance The introduction of environmental services company as a new subject,the introduction of the sewage business and environmental services companies,the two main contractual legal relationship and other legal relationship,resulting in some real problems,such as environmental services company As a new subject does not seriously fulfill the environmental service contract caused by environmental pollution,it should bear what responsibility,it and other subjects between the legal responsibility?It is responsible for the responsibility of the enterprise with the responsibility of the distribution of internal responsibility,which have led to the author's thinking.This article mainly studies the civil liability of environmental pollution between the third party governance subject.After the introduction of environmental services company this new body,the sewage business and environmental environmental services company this environmental pollution between the third party governance of the internal legal relationship between the legal responsibility for the transfer of governance?The legal relationship between them and the environment victim,in the event of environmental infringement,the legal status of the two and bear the civil liability.The body of this chapter is divided into five parts:The first part:environmental pollution third party governance main civil legal responsibility overview.In this part,the author mainly introduces the concept,background,characteristics,traditional environmental pollution control and similarity of the third party governance mode,the concept of civil liability and the type of responsibility.After introducing the new party of the third party pollution control enterprise,Sewage,environmental service companies and pollution victims between the three civil liability.The second part:the analysis of the third party governance of environmental pollution in China.This part is mainly combing the environmental pollution third party governance related to the relevant laws and regulations and documents.Because of the imperfection of laws and regulations,the theoretical circles of our country on the environmental pollution of the third party governance model of the main civil liability which generated controversy.Part ?:Analysis on the Civil Liability of the Third Party Governance of Environmental Pollution in China.Some Problems in the Legal Responsibility of Civil Liability in the Third Party Governance of Environmental Pollution in China.As a result of civil liability unclear led to China's environmental pollution third-party governance in the legal perfection,imitation of the system and the government regulatory level and what problems,as well as the harm caused by these problems and to the author's thinking.The fourth part:foreign advanced experience of environmental pollution third party governance and its enlightenment to our country.In this part,it mainly introduces the advanced experience of foreign law in civil liability of environmental pollution third party,and how to promote the advanced experience of healthy development of third party through perfect laws and regulations.What are the implications of these advanced experiences for our country?Part 5:Suggestions on Perfecting Civil Liability for the Third Party Governance of Environmental Pollution in China.In this part,the author is based on the previous research results,combined with foreign advanced experience and inspiration to our country,based on China's environmental pollution third party governance status and problems,put forward their own proposals,hoping to from the law,Level for the improvement of civil liability to reduce the third party governance model in the development of which may encounter difficulties,so that the law for third-party governance escort...