Judicial Recognition Of Tort Liability In The Third-party Governance Model Of Environmental Pollution

As a new model of pollution management,the third-party management model introduces professional third parties into environmental pollution management.Firstly,it achieved the governance effect of "doing the professional thing",meanwhile,it effectively expands environmental governance subject to achieve both in the effects of environmental governance and the development of environmental industries.In order to boost this model better,the State Council has print and distribute a file that points out the direction of the development of third party governance,the former Environmental Protection Agency published official file which have created specific controls on the implementation of governance by third parties,and local governments also publish relevant documents to perform third party governance Improve regulation.With the active response of various organizations and positive participation,third party governance for environmental pollution in my country has made remarkable progress.The responsibility of each subject comes from different legal grounds.The pollution prevention responsibility of the pollution company is derived from the official duty of the environmental protection law,and the pollution prevention responsibility of the reduce and control pollution enterprise come from the contract.Because there is no clear legal basis in the third party’s governing model,there are many controversies about the statutory liability and the determination of pollution responsibility in relation to this model,whether it is academic or judicial practice.Therefore,it is necessary to analyze the judicial dilemma in the third-party governance in China,and raise relevant measures to boost this model to bring into play in environmental governance.This article focus on the controversies involved in this case,taking examples of non-profit organizations v.CJG and SX as example: 1.Whether CJG should be responsible for environmental pollution.2.Whether CJG and SX constitute a joint infringement.This paper centre on central issue of disputes over the theory,legal provisions and the facts of the incident,which concluding conclusions: CJG company in this case should be blamed,the contract in the case does not transfer liability for pollution of sewage companies;CJG and SX do not constitute a joint infringement,it is more reasonable to identify this case as a third party violation.Finally,with the foundation of case study,thinking about faults in the management of third parties to pollution in my country,the paper present relevant measures to boost the model to fulfill an important role in environmental governance.