The Research On The Legal Liability Of The Third-party Governance

In recent years, as a result of the increasing expansion of the scale of market development and associated with the large increasing pollution emissions, simply relies on polluters own environmental protection facilities and hands-on the pattern of “ who pollution, who governance” are no longer adapted. The advantage of the new pattern “ who pollution, who pay for the third-party governance” is increasingly highlighted. As the sewage incident of Lukangzhonghe Company, the third-party governance came into the public eye. However, as the uneven distribution of the legal liability between pollution enterprises and pollution control enterprises, the uncertainty of the legal subject of environmental tort and the blank of the exemptions in the contracts of environmental services, the development of third-party governance is a bumpiness road. Basing on this perspective, this paper analyses the problems of the third-party governance's legal liability and puts forward the proposals to perfect and realize the legal liability of the third-party governance.The first part, this paper introduces the basic situation of the third-party governance, and the sewage incident of Lukangzhonghe Company and its influence. Firstly, this paper reviews the sewage incident of Lukangzhonghe Company and further analyzes the problems of the third-party governance which are reflected by this incident. Secondly, briefly describes what is third-party governance and its legal liability, and further demonstrates the practical significance of standardizing the third-party governance's legal liability. Meanwhile analyses the legislation and practice and presents the lack of the third-party governance's legal liability.The second part, makes the sewage incident of Lukangzhonghe Company as the breakthrough point, deeply analyses the problems of the third-party governance's legal liability. This section refers to the related legal system in China, analyses five problems of the legal liability in the third-party governance including the pollution control enterprises whether can become the administrative counterparts of environmental management, the subject scope of declaration and registration of discharging sewage, the distribution of legal liability when discharging sewage illegally, the legal subject of environmental tort and the exemptions in the contracts of environmental services.The third part, according to the second part's problems, puts forward solving ideas. First of all, determines that pollution control enterprises can become the administrative counterparts of environmental management and can independently undertake corresponding environmental administrative liability under certain conditions. Secondly, advocates to expand the subject scope of declaration and registration of discharging sewage, breaks the pattern of declaration and registration by pollution enterprises or pollution control enterprises, establishes a pattern of declaration and registration by both subjects. Thirdly, prefects the distribution of legal liability when discharging sewage illegally, insists on that pollution enterprises are the main subject of controlling pollution and the principle of sharing the legal liability with pollution control enterprises. Fourthly, to clarify the legal subject of environmental tort. First, if pollution control enterprises without the violation of the environmental services contracts, pollution enterprises should undertake the legal liability for the environmental tort. Second, if the environmental pollution and ecological destruction are caused by pollution control enterprises' contract violation, pollution control enterprises should undertake the legal liability for the environmental tort. In addition, if pollution control enterprises' nonperformance is caused by the change of the pollutants such as their concentrations, kinds and amount of pollution enterprises, pollution control enterprises can undertake the legal liability for the environmental tort and recover from the relevant pollution enterprises. Finally, in the case of pollution control enterprises undertaking the legal liability, if pollution control enterprises can not implement the legal liability of compensations and so on, pollution enterprises should undertake the added joint and several liability and if pollution control enterprises make falsification of environmental services, they should undertake the legal liability with other persons in charge who cause the environmental pollution and ecological destruction. Fifthly, regulating the exemptions in the contracts of environmental services.