Research On Civil Liability In The Third-party Governance Of Environmental Pollution

With the continuous development of the economy,my country’s environmental problems have become increasingly prominent.The traditional "who pollutes,who controls" model has been unable to meet the new pollution control requirements,and a new pollution control model is urgently needed.At this time,the third-party governance model came into being,which effectively made up for the shortcomings of traditional pollution control in terms of funds and talent teams,realized the intensification of pollution control,improved the efficiency of pollution control,and reduced the cost of supervision.Huge development potential.However,because the third-party governance model has been around for a short time in my country and is not perfect in all aspects,there are some problems in the operation process,one of which is the assumption of civil liability.This paper first introduces the theoretical basis of the third-party governance model,and narrates the historical evolution,connotation definition and practical significance of the third-party governance model.Secondly,it briefly analyzes the legal structure and legal responsibility of the third-party governance model,divides it into the internal contractual legal relationship and the external environmental tort relationship,and clarifies the relationship between the parties.Starting from three perspectives: the third-party governance model,the theoretical basis and practical situation of civil liability in the current third-party governance model,and the current problems are summarized.The first is that there is a lack of relevant legal basis;both the direct provisions on civil liability and related supporting measures are in a legal blank state.Second,the division between civil liability and administrative liability is not clear;in practice,civil liability and administrative liability overlap,which confuses private law responsibility with public law responsibility.Third,the responsibility assumption system is not perfect;it mainly includes the unclear principle of attribution and the unclear method of responsibility assumption.Fourth,there is a lack of unified civil liability standards;there is no unified,specific and feasible standard for civil liability,which hinders the development of third-party governance models.On the basis of analyzing and summarizing the problems,this paper puts forward the following improvement suggestions.First,improve the existing legal norms,from the perspective of "top-level design",improve the relevant legal provisions on third-party governance,and strengthen the connection of supporting measures to institutionalize and standardize them.Secondly,it proposes that "environmental service contracts" cannot transfer administrative responsibilities,and includes third-party governance institutions into the scope.of administrative counterparts,thereby separating civil responsibilities from administrative responsibilities.In addition,by learning from foreign experience and different situations,the principle of no-fault and the principle of fault will be cross-applied to determine the principle of attribution;the pros and cons of various ways of assuming environmental responsibilities are analyzed to determine reasonable and feasible ways of assuming responsibility.Finally,from the perspectives of the "enterprise-enterprise" model and the "government-enterprise" model,a reasonable third-party governance civil liability standard is proposed.