Study On The Third-party Governance Of Environmental Pollution In China

The current environmental situation is still grim in China.The environmental administrative supervision model characterized by "order-obedience" can no longer adapt to the complicated work of environmental pollution control.On January 14,2015,the central government issued the Opinions on Promoting the Third-Party Governance of Environmental Pollution,and put forward the third-party environmental pollution control system for the first time.Under the guidance of national policies,local governments have responded and started to formulate and implement opinions on the system.The third party’s environmental pollution governing is based on the market competition mechanism.It is necessary to sign a civil service contract between the pollutant discharge enterprises and the environmental service enterprises specializing in pollution governance.One party pays the fee according to the contract,and the other party collects the professional treatment fee.Practice in China has proved that it as a new way to solve environmental pollution governing has achieved notable results in some areas,which not only optimizes the allocation of environmental resources,but also reduces the cost of law enforcement by the government.However,the third-party governance model of environmental pollution in Sinitic basic theory research is still relatively weak,which leads to some problems in the development of its practice and affects its effectiveness in pollution control.Therefore,it is necessary to comprehensively examine the theoretical basis of the third party governance of environmental pollution,the current situation of the legal system and the current situation of practice,in combination with Sinitic specific national conditions,while drawing on the relevant successful experience of the typical countries,put forward a targeted improvement strategy,in order to give full play to the value and role of the model in environmental protection.As far as the research framework is concerned,this paper mainly involves four parts: Firstly,the relevant overview of the third-party governance system of environmental pollution.This part mainly analyses the concept,development motivation and necessity of third-party governance,which provides a theoretical basis for the analysis of problems in practice.Secondly,the status quo and existing problems of the third-party governance of environmental pollution in China.This part is mainly embodied in two aspects: on the one hand,the development course of the third-party governance of environmental pollution in our country is simply combed,and the relevant laws,regulations and policies of our country are listed in detail,which provide some legal support and policies for the implementation of the model,so that the pollution control model in Sinitic environmental governance work to achieve good implementation results,on the other hand,focusing on the analysis of the model in Sinitic practice issues,such as: the lack of legal basis,responsibility boundary of sewage enterprises and third party governance enterprise is not clear,government functions are not fully implemented,the right to public participation is not full implementation,environmental liability insurance system is not perfect and other difficulties.Thirdly,elaborate the practice of the model in typical foreign countries.This paper mainly chooses three countries,Japan,the United States and Germany,after introducing the current practice of the model in the three countries in detail,and summarizes theirs common successful experience for our reference.Fourthly,in view of the various dilemmas faced by the model in Sinitic development,this paper puts forward some improvement strategies,hoping to provide useful reference for further improving the third-party pollution governing system in China,so that this new pollution control model can be better implemented and promoted in China,and become a powerful force for pollution control in China,so that the function and value of the model can be fully realized.