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Research On Third-party Legal Responsibility In The Third Party Governance Mechanism Of Enviromental

Posted on:2019-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:J N WuFull Text:PDF
GTID:2381330545994143Subject:Environment and Resources Protection Law
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Environmental pollution is the main block of the economic development of our country,China has been actively exploring new mode of environmental pollution,but the actual result inconsistent with expectations.To from the management on the basis of the environmental pollution problem,the party and the government according to the social development put forward the new mode of pollution control of the communist party clearly put forward the third plenary session of the eighteenth\"environmental pollution to a third party/",put forward the new direction of the pollution treatment in China.The third party governance mechanism of environmental pollution is not only an update of the system,but also the new request of the legal level,and the third party is responsible for the legal responsibility of environmental pollution.But environmental pollution in our country third party governance mechanism existing in the sewage enterprises and between enterprises of the pollution treatment responsibility allocation is not clear,the third party pollution ACTS of unfair competition,between enterprise has the permission of the authority of professional company from pollution to the environment pollution by a third party market as lack of specification standard as well as third-party enterprise criminal responsibility of the pollution treatment is difficult to define,because the society is still exist the problems of ingrained "who pollution governance" of the traditional consciousness,the pollution of the environment legal liability system is not perfect,there is no clear legal responsibility by the drainage direction third-party enterprise transfer law of the pollution treatment.Through to the third party enterprise to define the legal liability of the pollution treatment,lessons to the European Union is superior experience in the field of environmental pollution by a third party,this paper puts forward the following several aspects to explore the legal responsibility of third-party pollution enterprises:liability for breach of contract,liability,administrative liability and criminal liability of unfair competition.Thus in this paper,the pollutant discharging enterprises pollution enterprises with a third party in the process of the implementation of the environmental pollution to a third party legal liability,and then clear the third party enterprise specific way of liability,legal liability of the pollution treatment to environment pollution third-party governance mechanism effectively implementing in the domestic market environment.
Keywords/Search Tags:water pollution, third party governance, the legal responsibility, polluters, pollution enterprises
PDF Full Text Request
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