Study On Environmental Pollution Civil Tort Liabilily In The Third Party Governance Mode

With the rapid development of the third party pollution control service market,more and more third party governance institutions have joined the process of environmental pollution control and played a pivotal role.The question is whether the tort liability arising from environmental pollution in the process of pollution control is affected by the influence of third party governance institutions.Should it be sustained by the sewage company alone,or by the new legal relationship subject-the third party governance institutions? What is the principle of imputation of the old and new legal subjects and how is the form of responsibility between the two? The paper is divided into three parts to study the environmental pollution civil tort responsibility in third party governance model by layer.In the first part,through the study of different types of cases,the author puts forward the various legal problems in the process of realizing the tort liability of environmental pollution in the third party governance mode.This paper puts forward the classification of the third party's organization in the concrete way of pollution control.On this basis,the author puts forward the questions about the principle of liability and the form of liability in the implementation process of environmental pollution tort liability in the third party governance mode,include principles,disclaimers,the subjects of responsibility and the form of responsibility and so on.The second part discusses the theoretical reasons for the pollution infringement liability in the third party governance model.Discusse the existence of the third party's governing body in the existing civil tort law to further clarify the application of the relevant tort law.Are third-party governance agencies in civil tort law polluters? Third person or co-infringer? So as to introduce the principle of imputation that should be applied when investigating the responsibility for pollution infringement of the third party's governing body-the principle of no-fault imputation or the principle of attribution of fault? What form of liability should be applied-joint and several liability,or is not really joint and several liability?The third part analyzes the causes about system of pollution infringement liability in the third party governance mode.To study the application of Article 65 of the Environmental Protection Law,Article 65 of the Law on Tort Liability,and the relevant laws and regulations at the central and local levels.The paper analyzes the fault-free responsibility,which has a lot of loopholes in the theory and the side effects in the practice and discusses the fault joint responsibility of the third party's governance organization,which is difficult to implement in the theoretical imperfection and practice basis.The fourth part puts forward the suggestions on perfecting the theory and system of civil liability of environmental pollution in the third party governance mode.First of all,theoretically,the main body of pollution infringement should be extended to the third party governance institutions,the principle of no imputation is extended to the third party governance institutions,and limit the principle of environmental contract agreed in the application of fault liability.Secondly,improve the third party management of environmental pollution under the civil tort liability system.According to the different types of third party governance,the principle of imputation of civil liability for pollution of third party governance institutions and sewage enterprises is analyzed.The subject of liability,the form of responsibility and the form of responsibility.And put forward the supporting system which guarantees the above-mentioned principle of imputation and the realization of the form of responsibility,including the system of environmental service contract registration and the information disclosure system.