Legal Thoughts On The Third Party Treatment Of Environmental Pollution

With the rapid development of China’s economy,it brings serious environmental problem.The traditional mode of environmental pollution treatment is that those companies who cause pollution are responsible for cleaning up,but it is unable to meet the needs of the environmental treatment.Now,the third-party treatment model come into being.By introducing a new third party-the environmental service company,the polluting enterprises make a contract with the third party.According to the contract,the polluter pays the cost and the environmental service company is responsible for pollution control.China attaches great importance to the third-party treatment,and the local governments have also issued the implementation of the third-party treatment about environmental pollution control.There are rich exploration and practice,and scholars also carry out a lot of theoretical research.The third-party treatment of environmental pollution is necessary and feasible.Firstly,it can make up the deficiency of environmental pollution prevention and control system.Secondly,it can optimize the allocation of environmental resources.Thirdly,it can achieve the specialization of environmental pollution management.Lastly,it is conducive to reducing environmental enforcement cost.In the practice of the third-party treatment of environmental pollution,there are some problems.The third party’s market access is not standardized.The market operation is opaque.The government supervision is not perfect.The legal responsibility is not clear and so on.At this stage,China needs to actively establish the third-party treatment system of environmental pollution from the legislative level.There are five aspects.Firstly,we can establish a third party evaluation system from the level of environmental protection technology and enterprise credit evaluation.Secondly,we should regulate the third-party treatment model.Thirdly,we should strengthen the government and its relevant departments regulation to the third-party.Fourthly,we can improve the enthusiasm of public participation to strengthen the third-party social supervision.Finally,we can build legal responsibility system in accordance with the different responsibility body.That is,the polluter bears the responsibility for environmental pollution;the third-party bears the contractual obligations;the third-party and polluter bear administrative supervision responsibility.