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Research On The Legal Liability Of Third-party Governance Of Environmental Pollution In Industrial Parks

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZhangFull Text:PDF
GTID:2511306095492394Subject:Environment and Resources Protection Law
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Environmental pollution in industrial parks accounts for a large part of China's environmental pollution.In order to greatly solve environmental problems from the source,the Third Party of the Eighteenth Central Committee proposed the"third party governance of environmental pollution".A new governance model proposed by the status quo.Industrial parks have also become a key area for the introduction of third-party governance.The introduction of third-party governance not only enriched the pollution control model,but also greatly improved the environment in the industrial park.Third-party governance of industrial parks has always been a key area in our third-party governance.This article first sorts out the status quo of the responsibility of third-party governance in industrial parks and the nature of legal responsibilities among governments,polluters,and third parties.Introduce the issue of liability in third-party governance.Come and show the special characteristics of the industrial park.Aiming at the status quo,the third-party governance legal liability presently has such issues as the nature and scope of the third-party legal liability,the effectiveness of the pollution control liability agreement and transfer,the difficulty in determining tort liability,the single responsibility principle,and unclear liability.Secondly,the reasons for the problems in the current situation are analyzed,including the introduction of third parties to complicate the legal relationship,the lack of institutional guarantees for the content of service contracts,the inadequate application of the Law on Tort Liability,and the fragmentation of legal provisions.Thirdly,it is necessary to analyze the current practices of Japan and the United States on the legal responsibility of third-party governance,and improve the legal provisions.Passing the forms of liability of all parties through legal provisions is the prerequisite for the smooth development of third-party governance.The clearness of service contracts and institutional guarantees are also a good form of evasion to avoid future tangles,and the government's supervision in place avoids the possibility of all parties evading responsibility to a greater extent.Learning from the experience that is beneficial to China,finally,starting from the problems existing in the legal responsibility system of third-party governance in industrial parks,and linking with the actual situation in China,based on the relevant foreign regulations,it proposes environmental civil responsibility and environmental administrative responsibility.Suggestions for legal liability of third party pollution control in industrial parks.
Keywords/Search Tags:Environmental pollution of industrial parks, Third party governance, The legal responsibility
PDF Full Text Request
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