Research On The Third Party Administrative Legal Responsibility Of Environmental Pollution Control

The third party treatment of environmental pollution is an important system to innovate environmental protection mechanism in China.In recent years,China has continuously increased its policy appeal,and the local government has been actively exploring in practice.At the same time,the academic community is also carrying out heated discussions.The common purpose is to effectively implement third-party governance in China and solve the increasingly severe environmental pollution problem.However,up to now,there are still some problems in the development of third-party governance,among which the most difficult is the implementation of the administrative legal responsibility of the third-party subject.In this paper,the administrative legal responsibility of the third party in environmental pollution control is taken as the research object,and the discussion is carried out from the two aspects of empirical investigation and theoretical interpretation respectively,so as to better implement the administrative legal responsibility of the third party.This paper is divided into four parts:The first part mainly introduces the basic cases and trial results of chongqing zangjinge case,and puts forward the questions to be explored in this paper.In third-party governance,due to the influence of traditional environmental administrative legal relations and law enforcement practices,the identification of the polluter is often limited to the polluter enterprise,and the subject of administrative legal responsibility is only the polluter enterprise but not the third party.In addition,the disputes over whether the civil agreement can transfer the administrative legal responsibility of the pollutant discharging enterprises and the vague division of the administrative legal responsibility between the pollutant discharging enterprises and the third party result in the difficulty of the realization of the third party's administrative legal responsibility.The second part mainly examines the legislation status of the third party's administrative legal responsibility and the differentiation of different governance modes.From the current legislative status quo of third party of administrative legal responsibility,lack of the third party of administrative legal responsibility clear andcomprehensive laws and regulations,but the third party as an independent environmental services market main body,can draw lessons from the law on the prevention and control of environmental pollution by solid waste on hazardous waste disposal units in the administrative licensing system and environment of credit evaluation for the third party in the process of market access and operation qualification regulation,and clearly the administrative legal liability.In addition,the third party governance into pollution control class to a third party management and environmental comprehensive service such third party management,pollution control kind of third party governance and integration of centralized management,custody operation,commissioning operations and decentralized management four different management patterns,different governance modes of differentiation between the third party and polluters in a specific administrative legal liability is different.The third part focuses on the legal interpretation of the third party administrative legal liability.First,considering the connotation of "beneficiaries","developers","users" and "causes" and the particularity of the third party subject,it is appropriate to identify the third party as the "causes" of the liability for damage,and take this identity as the basis for the third party to assume the administrative legal responsibility.Second,at the current lack of hard polluters pollution control law of responsibility transfer to a third party independent administrative legal responsibility and the complete negation,polluters pollution liability transfer has a certain theoretical basis,combined with the market,polluters subject qualification and pollution control act against a third party marketization,specialization,thus has legitimacy.The fourth part,consummates the third party administration legal responsibility legislation suggestion.The first is to establish the "burden of the cause of the principle" to clarify the legal status of the third party cause;The second is to establish the independent status of the third party environmental administrative counterparts,so that they can independently undertake the corresponding administrative legal responsibilities in pollution control.Third,the third party market access qualification examination system and the third party environmental service credit evaluation system should be established on the basis of learning from foreign experience.Fourth,we should improve the mechanism of third-party governance supervision by changing the concept of government supervision and building a supervision model with multiple participants.