Research On Legal Issues Of Third-party Control Of Environmental Pollution In China

In recent years,Although China's government,social organizations and many environmental protection public welfare personages have made continuous efforts for environmental protection and pollution control in different ways in their respective fields,the overall situation of environmental pollution control in China is still grim.With the frequent occurrence of environmental pollution incidents in our country,the government's role as the protector and manager of environmental public resources and interests in the field of pollution control is beginning to fall short of its capacity,and the drawbacks of the traditional pollution control model of "who pollutes and who controls" that has been implemented for many years are constantly appearing,the new pollution control model of the third party control of environmental pollution and the new pollution control concept of "who pollutes and who pays" have begun to emerge and develop.Under the third-party environmental pollution control mode,the pollution-discharging enterprise or government responsible for environmental pollution prevention and control selects the appropriate third-party pollution control enterprise in the environmental service market,signs an environmental pollution control agreement with it,and transfers the pollution prevention and control work to the third-party pollution control enterprise in the form of a contract to complete,and the pollution-discharging enterprise or government pays for it.The transfer of highly specialized pollution control work to specialized environmental service companies not only reduces the pollution control pressure of pollution-discharging enterprises and the government,improves the pollution control efficiency,but also drives the development of China's socialist market economy with emerging industries.However,as a new pollution control mode,the third party control of environmental pollution is new in China's pollution control practice and relevant legislation on environmental protection,and there are still deficiencies in both legislation and judicial practice.Therefore,this paper aims to analyze the shortcomings of the third party's environmental pollution control in China,and put forward suggestions on the improvement of the third party's environmental pollution control in China in combination with the needs of China's social development,existing national conditions and legal theories,so as to promote the progress of China's environmental protection legislation and practice.This article is divided into three parts.The first part mainly elaborates the basic theory of the third-party control of environmental pollution,including the concept,scope of application,legal relationship and theoretical basis of the third-party control of environmental pollution,so that readers can have a general grasp of the third-party control of environmental pollution.The second part is an analysis of the current situation of the third party's environmental pollution control in China and the existing legal problems.The current situation includes a brief summary of the current laws and regulations of the third party's environmental pollution control in China and its practice.Then the existing problems in practice are put forward from the four aspects of market,law enforcement,division of responsibilities and public participation.The third part is based on the four problems mentioned above and gives suggestions for improvement one by one.For example,in view of the imperfect market access and withdrawal system of third-party governance enterprises in China,it is proposed that an evaluation mechanism for third-party governance enterprises should be established and reasonable market access and withdrawal rules should be formulated based on the evaluation mechanism.In view of the vague boundary of the responsibility of the third-party governance subject in our country,it is proposed that the specific situation should be analyzed and the responsibilities of the third-party governance in our country should be clarified according to different types.