The Research On The Third Party Governance System Of Environmental Pollution In China

The third party governance system of environmental pollution is not only a new thing,but also an old topic,which has an important significance in ensuring business compliance and pollution prevention and other aspects of pollution accidents.Since the promulgation of Environmental Protection Law of the People’s Republic of China(Trial)in 1979,the contours of the third party governance system of environmental pollution have been gradually clarified in the course of more than 30 years,which has also produced certain social benefits.However,in practice,the system has many problems such as the obsolete pollution control concept and model,the lack of laws,regulations and policies,resulting in difference between ought effect and the Real levels.This paper analyzes the performance and causes of this difference,and explores the ways to solve the problems.This article,which is from the very first case the author has accepted and concluded of the third party governance system of environmental pollution contract disputes to start,elaborates the basic theory of the third party governance system of environmental pollution,defines and discriminates the relevant concepts,clarifies the concept of the system,analyzes the characteristics of the system,and discusses the value of the system.Secondly,it analyzes the current situation of the third party governance system of environmental pollution,expounds the legal analysis and application of the system,summarizes the main mode of the system,and introduces the successful experience and enlightenment of foreign market operation.Thirdly,it analyzes the problems of the third party governance system of environmental pollution from the perspectives of pollution control concepts and models,laws,regulations and policies,environmental industry financing,environmental public infrastructure operation system and pollution control capacity.Finally,from a macro point of view,the author puts forward some suggestions on how to optimize the top-level legislative design and policy formulation,perfect the contract design and supervision,set up the environmental protection public welfare fund,establish the integrity file,clarify the responsibility regulation,carry out the pilot implementation and recycling,as well as strengthen the judicial function.The combing of the whole text is aimed to reflect and transcend the existing model of environmental pollution prevention and control,to promote the third party governance system of environmental pollution developing by leaps and bounds to build a systematic system to attract a wide range of social subjects to participate in environmental pollution prevention and control of all link.