Study On The Tort Liability Of Third Party Governance In Environmental Pollution

In recent years,with the frequent occurrence of environmental pollution incidents,the environmental pollution control mode of "who pollutes,who governs" has been more and more difficult to meet the current requirements and development of pollution control.At the same time,the traditional pollution control mode is restricted by factors such as capital,technology and professional talents,and can not give full play to its pollution control function.The importance and necessity of innovation and transformation of environmental pollution control mode is increasingly prominent.In this context,the state puts forward the third party governance model of environmental pollution,and advocates the pollution control by third parties.Compared with the traditional pollution control model,the third party governance model has many advantages.However,the model,behind the multiparty call,has been confronted with an awkward predicament.The fundamental reason is that the share of the legal responsibility of the pollutant discharge party and the pollution control party is not clear.At present,China's current laws and regulations are still unable to match the new pollution control model,on the one hand,there is no specific provisions of the third party governance of TORT LIABILITY ACT and ENVIRONMENTAL PROTECTION LAW,if the common legal norms applicable to the environmental tort Third Party Infringement governance problem,often lead to pollution bear the heavy burden,difficult to fair;on the other hand,the provisions of normative documents issued by the relevant government at all levels in the third party governance of tort liability is not clear enough and difficult to operate,seriously restricting the implementation of the advanced control mode in China.This paper starts from the basic concept and legal relationship of the third party governance of environmental pollution firstly,it points out the particularity of the third party's tort liability of environmental pollution.Secondly,this paper systematically combines the relevant legislation and analyzing the situation of tort liability in practice,it is pointed out that there are imbalances and ambiguities in the allocation of responsibilities under this mode.Finally,by exploring the causes of the problems,we put forward solutions and ideas in order to improve the allocation mechanism of the third party's tort liability for environmental pollution.