Study On The Legal Responsibility System Of Environmental Pollution Third Party Governance

The traditional model of "who pollutes,who governs" has added great pollution control burden to polluters and affected their production efficiency.Since polluters do not have professional pollution control technologies,the treatment effect is not satisfactory.The emergence of environmental pollution third-party governance opens up a new mode of pollution control.Handing pollutants over to a professional thirdparty not only reduces the cost of pollution control and improves the production efficiency,but also achieves good governance results.However,in practice,the legal liability division of environmental pollution third-party governance has exposed many problems,which seriously hindered the development of third-party governance.Through the analysis of the current situation of legislation and practice,this paper concludes the following problems: the legal basis for the subject of responsibility is insufficient,the judgment standard of responsibility is absent,the way of responsibility is not clear,the procedure of responsibility is not specified,and the supporting measures of responsibility are not perfect.In order to improve the legal liability system for environmental pollution thirdparty governance,first,we must improve the legal norm system for environmental pollution third-party governance,and increase the relevant provisions on third-party environmental pollution governance in the Environmental Protection Law,and The related concepts are further clarified and provide a legal basis for third-party polluters to take responsibility.Second,the principle of the unity of responsibility,right and effect should be adopted as the criterion for assuming the responsibility.According to the pollution control responsibilities,rights and obligations of each party,the standards should be provided for the independent responsibility of a third party,and the responsibilities of polluters and other relevant parties should be reasonably arranged.Third,to define procedures for assuming responsibility,on the basis of polluters and government's responsibility for pollution control,clarify the pollution control responsibilities transferred to a third party through the contract,with the transfer of administrative legal responsibility as the core,it is feasible for the polluter to transfer the administrative legal responsibility to a third party through the contract.taking the liability for breach of contract as the cover clause,after assuming the administrative legal responsibility,the polluter may transfer the liability to a third party through breach of contract.Forth,to clarify the manner and scope of the responsibility of the parties,to clarify the responsibilities of all parties,and to reexamine the intersection of contractual responsibilities and administrative responsibilities.On the basis of clarifying the procedures for the parties to assume responsibility,the scope of civil legal liability and the scope of administrative legal liability are clarified.Fifth,relevant supporting measures should be established and improved,such as the introduction of environmental liability insurance system,enterprise environmental credit evaluation system,allowing third-party emissions trading,and strict restrictions on exemption clauses.