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Study On The Legal Liability Of Third Party Governance Of Environmental Pollution

Posted on:2020-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:S RenFull Text:PDF
GTID:2381330578957876Subject:Environment and Resources Protection Law
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Environmental pollution third party management is accompanied by the increasing intensity of environmental problems.Under the traditional principle of "who pollution and who manages",polluters can not effectively complete environmental governance due to lack of pollution control capabilities.Although the government is responsible for environmental governance in the public domain,However,due to the lack of professional governance knowledge and scientific management,it is difficult to make appropriate decisions.Third party control of environmental pollution has come into being because of the "technical industry has specialized".Although this model has begun to apply in the market under the impetus of policies,its own legal liability issues have not yet been clarified and the distribution of responsibilities has not yet been clarified.Internal liability defects have brought a lot of obstacles to the implementation of environmental pollution third-party governance.The research on the legal liability of environmental pollution third party management is to explore the legal feasibility of environmental remediation under the traditional mode of pollution control and existing legal regulations.It aims to better implement the implementation of the third-party governance system.This paper analyses the related concepts of legal liability of third-party governance of environmental pollution,clarifies the inherent pursuit of third-party governance model,explores the current research situation at home and abroad,summarizes the existing legal norms for the distribution of liability of third-party governance,and finds that the current legal system has the following characteristics:restraint of governance industry,unclear meaning of main responsibility,lack of government regulatory responsibility,and actual participation.Starting with the pursuit of justice and risk prevention in environmental law,the author perfects the relevant responsibilities of the new model from other aspects under the condition that the existing allocation of responsibilities remains unchanged.In view of the dilemma,the author puts forward the practice of deducting third-party governance costs with ecological damages compensation.Subject liability means undertaking responsibility and cooperating obligation,and enlarging government.It is suggested that government supervision,law enforcement and qualified environmental protection organizations should be constrained by the corresponding legal norms when they are the governance parties.It is suggested that the narrow definition of "third party" should be expanded and social forces should be absorbed for pollution control.
Keywords/Search Tags:Institutional connotation, Legal regulation, Realistic dilemma, Recommendations for improvement
PDF Full Text Request
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