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The Construction Of Environmental Pollution To A Third Party Legal Mechanism

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2321330536485098Subject:Economic Law
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Pollution problem has always been the major obstacle of the development of national economy,from central to local levels,the governments at all levels have been actively exploring in the practice of pollution control,but the actual effect is not consistent with the expected,in order to fundamentally solve the problem of environmental pollution,the third plenary session of the eighteenth explicitly put forward the "environmental pollution to a third party," this is the party and the government put forward the new mode of the pollution treatment,social development is pointed out the new direction of pollution control in China.The environmental pollution of third party governance as an important environmental control scheme has been introduced in our country,third party governance mechanism,build environment pollution become the new way for environment control and ecological restoration.Third party governance mode is one of the important power to promote environmental management specialization,industrialization,is the effective incentives to promote the development of environmental protection industry.This new mode of pollution control,is the sublimation of the principle of "damage liability".Therefore,using third-party governance environment pollution control mode,become a break with the traditional model to solve the environmental pollution governance dilemma of new options.Third parties for the prevention and control of environmental governance mode is one of our new reform,can be called "damage liability,professional management",the third party governance patterns are not being created for the first time in our country,in the United States,Japan,Britain and other developed countries,the third party governance model has been used widely in the field of environmental protection of multiple,achieved good environmental and social effect.Promotion and use of third party governance law conforms to the international environmental protection service industry development trends,combined with the development of our country present stage,however,in the process of promoting still faces many problems to be solved,such as participation main body power and responsibility to be clear,the government regulatory loopholes,lack of market competition mechanism and so on,need to offer a great support in the related aspects such as system,policy and effective guarantee,to promote the application of the third party governance mode and development.In this article,through the study of environmental third-party governance mechanism analysis,combing the pollution of the third party governance mechanism in the government,polluters,the legal relationships between and among enterprises of the pollution treatment,at the same time,the third party governance mode compared with the traditional governancemode.Environmental pollution third-party governance mode because of the participation of the third party market,breaking the previous unitary responsibility,the responsibility is more complicated.In the light of the specific problems appeared in our country at present stage,and analysis the reason.Through understanding the United States,Japan,Britain,absorb the typical developed countries in the third party governance experience,combining the current situation in China,for the construction of pollution in our country the third party governance mechanism and put forward the reasonable and effective measures and Suggestions,respectively from environmental pollution prevention and control of environmental regulatory clarity,division main responsibilities between the government power and responsibility,improve the environmental pollution to a third party market competition mechanism,improve the environmental pollution of the third party system of public participation in several aspects of analysis to seek a comprehensive promote the guide mechanism system,the effective implementation of the third party system of governance,solve environmental governance dilemma,to alleviate environmental pressures in China.
Keywords/Search Tags:Environmental pollution, The third-party governance, The legal responsibility, Competition mechanism
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