Research On The Legal Liability Of The Third Party Governance Of Water Pollution

The water pollution problem has formed a negative impact on our country’s economic development.Regardless of whether the central or local governments,relevant government departments are actively carrying out water pollution control work,but there has been a gap between the effectiveness of the work and the expectations.In order to properly deal with water pollution problems in essence,the Third Plenary Session of the 18 th Central Committee emphasized the “third-party treatment of environmental pollution”,which embodies the innovative pollution control system established by the party and the government in the context of the times,and establishes a new system for domestic water pollution control.The third-party water pollution governance system has achieved innovation from the institutional level,and more restrictive conditions have emerged from the legal perspective.The participation of third-party entities has changed the legal responsibility of water pollution from the previous single-subject form of pollutant companies to pollutant companies,The "dual" form of third-party agencies,this transition stage has a series of problems,including the unclear division of responsibilities between the third party and the polluter,third-party unfair competition,and the government’s lack of third-party access qualification review,certification and constraints standards,etc.The main reasons for this series of problems include the traditional governance thinking of "who pollutes,who controls",the current legal mechanism for water pollution behavior is not sound,and the lack of detailed provisions on the transfer of legal liabilities.From a practical point of view,it is also necessary to achieve third-party legal responsibility.There are obstacles.Under the third-party governance model of water pollution,this article sorts out the related issues of third-party legal liability,and refers to the experience accumulated in the past implementation of third-party governance in the European Union,and decides to analyze the third-party governance model of domestic water pollution at the following levels.The specific legal responsibilities of the three parties:the liability for breach of contract between the third party and the polluter;the liability for unfair competition caused by the third party;the administrative liability for the third party’s violation of government regulatory requirements;the criminal liability for the third party’s illegal activities.This explains the differences in legal responsibilities of different entities in the execution stage,further explains the establishment of third-party legal responsibilities and detailed implementation methods,and establishes a legal basis for the implementation of third-party control of water pollution in China.