Research On The Tort Liability Of The Third Party In Environmental Pollution Control In My Countr

In recent years,with the increasingly severe environmental problems such as water pollution and soil pollution,the traditional pollution control model can no longer meet the needs of environmental pollution control.In order to improve the quality of the environment,the pollution control concept of "who pollutes,who pays,and third party governance" came into being,breaking up the traditional old mode of "who pollutes,who governs".The new mode realizes the separation of"pollution-producing" and "pollution-control”main body,makes the sewage enterprise concentrate on production,and entrusts the pollution control work to the third party enterprise to disperse the treatment pressure,reduce the pollution cost and improve the pollution efficiency.However,there are many problems in the traditional tort liability cognizance,which hinder the development of the third party governance mode,for example,the definition of tort liability is not clear,and the distribution of responsibility is unbalanced.We need to pay attention to these problems,research on the type of third party governance,clearly define and reasonably distribute the tort liability of the pollutant discharging enterprises and the third party enterprises,so as to effectively link the traditional model with the third party governance model,so that the third party governance model can play its due role smoothly in our country.In addition to the introduction and conclusion,this paper is divided into four chapters:Chapter one:Summary of the third party management of environmental pollution and related cases.This chapter mainly introduces the third party governance from three aspects of connotation,significance and type,and introduces the comparative analysis of "Orson case" and "Taizhou case" two cases.Chapter two:The status quo and problems of the liability cognizance of third party governance tort.This chapter points out the present situation of the joint and several liability and the non-joint liability of the enterprises,pointing out the problems existing in the third party governance tort liability identification.Chapter three:Analysis of the causes of the infringement liability cognizance of the third party of environmental pollution.In this chapter,the author analyzes the following three aspects:one is that the legislation is not perfect,the other is the limitation of the Constitution of the traditional environmental tort,and the third is the influence of the concept of responsibility of the sewage enterprises under the traditional mode.Chapter four:The Concept of perfecting environmental third party governance tort Liability.This chapter proposes the following three aspects to perfect our country third party governance tort liability cognizance.Firstly,improve the provisions of the Environmental Protection Law on third-party governance.The State Council shall formulate the Regulations on Third-Party Governance,and improve the relevant one-way laws and regulations,so as to clarify the status of the third party enterprise as the subject of tort liability.Secondly,the principle of fault liability is introduced in a certain scope when the third party governance tort liability is defined,and the fault identification is enhanced by taking the attention obligation of the pollutant discharging enterprise as the standard.Thirdly,In recognition of environmental joint tort,combined with the characteristics of third party governance,after comparing three theories of common behavior,common fault and compromise,the viewpoint of common fault is regarded as the case of joint tort of Third party governance environment,and the responsibility system with joint and several liability is established to encourage the sewage enterprises to choose the third party governance mode,to promote its development.