LI Wenxiao    Law School

Abstract: In recent years,Although China's government,social organizations and manyenvironmental protection public welfare personages have made continuous efforts forenvironmental protection and pollution control in different ways in their respectivefields,the overall situation of environmental pollution control in China is still grim.Withthe frequent occurrence of environmental pollution incidents in our country,thegovernment's role as the protector and manager of environmental public resources andinterests in the field of pollution control is beginning to fall short of its capacity,and thedrawbacks of the traditional pollution control model of"who pollutes and who controls"that has been implemented for many years are constantly appearing,the new pollutioncontrol model of the third party control of environmental pollution and the newpollution control concept of"who pollutes and who pays"have begun to emerge anddevelop.Under the third-party environmental pollution control mode,the pollution-dischargingenterprise or government responsible for environmental pollution prevention andcontrol selects the appropriate third-party pollution control enterprise in theenvironmental service market,signs an environmental pollution control agreement withit,and transfers the pollution prevention and control work to the third-party pollutioncontrol enterprise in the form of a contract to complete,and the pollution-dischargingenterprise or government pays for it.The transfer of highly specialized pollution controlwork to specialized environmental service companies not only reduces the pollutioncontrol pressure of pollution-discharging enterprises and the government,improves thepollution control efficiency,but also drives the development of China's socialist marketeconomy with emerging industries.However,as a new pollution control mode,the thirdparty control of environmental pollution is new in China's pollution control practice andrelevant legislation on environmental protection,and there are still deficiencies in bothlegislation and judicial practice.Therefore,this paper aims to analyze the shortcomingsof the third party's environmental pollution control in China,and put forwardsuggestions on the improvement of the third party's environmental pollution control inChina in combination with the needs of China's social development,existing nationalconditions and legal theories,so as to promote the progress of China's environmentalprotection legislation and practice.This article is divided into three parts.The first part mainly elaborates the basic theory of the third-party control of environmental pollution,including the concept,scope ofapplication,legal relationship and theoretical basis of the third-party control ofenvironmental pollution,so that readers can have a general grasp of the third-partycontrol of environmental pollution.The second part is an analysis of the currentsituation of the third party's environmental pollution control in China and the existinglegal problems.The current situation includes a brief summary of the current laws andregulations of the third party's environmental pollution control in China and its practice.Then the existing problems in practice are put forward from the four aspects of market,law enforcement,division of responsibilities and public participation.The third part isbased on the four problems mentioned above and gives suggestions for improvementone by one.For example,in view of the imperfect market access and withdrawal systemof third-party governance enterprises in China,it is proposed that an evaluationmechanism for third-party governance enterprises should be established and reasonablemarket access and withdrawal rules should be formulated based on the evaluationmechanism.In view of the vague boundary of the responsibility of the third-partygovernance subject in our country,it is proposed that the specific situation should beanalyzed and the responsibilities of the third-party governance in our country should beclarified according to different types.

Read the article here:       我国环境污染第三方治理法律问题研究_李文筱.pdf