Research On The Legal Relationship Of The Third-party Governance Of Environmental Pollution In My Country

In recent years,with the frequent appearance of the extreme bad weather,there are more and more threat for our Chinese life and property.Therefore,it is imperative to curb environmental pollution.To explore an efficient and high quality environmental pollution governance mode becomes the center link.Making the environmental pollution governance marketization has been the mainstream thinking,and the environmental pollution to a third-party governance(hereinafter referred to as "the third-party governance")model is the embodiment of this thinking.However,in practice,the model exists some difficult problems,mainly involves the definition between the responsibility of pollution emission firm and pollution treatment firm,whether the pollution treatment firm takes responsibility or not,and the scope of government regulation.All the above mentioned difficult problem cannot be clear,which will affect the implementation of the system.In this article,the author take those problems as the logic starting point,take the jurisprudence,environmental law,the management science and other multi-disciplinary as perspective,and use comparison,historical and empirical analysis as methods,then find the root cause of the above problems is the unstated of the third-party governance’s legal relation.Summary the existing material,the third-party governance’s legal relation can be divided into two views,they are civil legal relationship and administrative legal relations.In the author’s opinion,the third-party governance’s legal relation is not the civil legal relationship and administrative legal relations,but a new legal relation of ecological holism.The nature of this new legal relation essence is also the category of environment legal relation.The article mainly divides into four parts:Chapter 1:The author combs the contest of the nature of legal relationship in third-party governance.By collating the existing materials,the author clarifys the theory and legal basis behind the nature of legal relationship theory.Chapter 2:The author analyzes the legal nature of third-party governance.From the definition,the purpose and the mold development history of third-party governance legal relationship,the author discusses the nature of the legal relationship that should not be viewed as civil legal relationship and the administrative legal relationship.Chapter 3:The author positions the nature of third-party governance’s legal relation.The author defines the third-party governance legal relationship as a new legal relation of ecological holism,then analyzes the concrete structure of this relation,and states clearly about the origional nature of this legal relation.Finally,the author gives a clear state about the value of the new legal relation of ecological holism Chapter 4:The author rationalizes the recognizing path of third-party governance’s legal relation.The position of the legal relation’s nature is beneficial to make the subjects of legal relations clear.In view of soluting the above mentioned problems,the author thinks to rationalize the recognizing path is the premise.Therefore,the author finds the new path by perfecting the third-party governance related legal norms,prudenting its main body qualifications,adjusting the rights and obligations distribution of the subject.In addition,the author also builds a implementation system to guarantee to the possibility of the new path’s recognizing.