Research On The Legal Issues Of Third Party Legal Liability In Environmental Pollution Control

With the promotion of environmental protection in Chinese,the role to develop the marketization,industrialization of pollution control has gradually shifted from domination of government to the market.The environmental protection industry has stepped into the 3.0 generation drived by economy.And the third-party institutions of environmental protection have increased largely.The state the council office made on strengthening environmental supervision in law enforcement requirements has announced that there is "zero tolerance" in all kinds of environmental violations and there is an increase in punishment.The demand of the environmental services has increased with the emphasis on environmental protection.This paper is focused on the third party involved in the environmental pollution control process.And after the comparison between the third part and the traditional pollution body,a discuss on the third party liability legislation is made.As the third party,the environmental impact assessment organization,environmental monitoring organization and environmental services have some problems on their legal responsibility on the legislative level.On this level,there are three problems: 1,the civil liability legislation,such as the legislation of the third party is not unified,and lack of the regulation on the corporation mechanism,and the civil liability allocation between environment services and pollution body is unreasonable;2,the administrative liability legislation,such as there is no supervision on the third party and there is lack on the responsibility of the employee in the third party;3,environmental criminal legislation,such as the definition of the criminal of the third party is not clear.Based on the three problems above,this paper analyzed this problems in several perspectives and some suggestions are given.To improve the mechanism of the third party and pollution enterprises,to normalize the cooperation and to distribute the obligation of the civil legal liabilities rationally,it is based on the concept of justice and on the articles of law.Combining the government regulation and market mechanism,the administrative supervision,credit rating and working rewards and punishment mechanism are established.The administrative supervision on the third party,the establishment of the environmental services company's credit rating system and the necessary administrative examination and approval is key to ensuringenvironmental protection market stability.It is necessary to punish the employee who make mistakes,to disqualify the employee not meeting the qualification and to put the serious offenders into blacklist.Begin with the analysis of necessity and feasibility,the application of the regulation of the "strict liability" and dangerous crimes is discussed.