Discussion on the Dilemma of Third-party Treatment of Environmental Pollution and Legal Scheme

The third-party governance of environmental pollution is one of the products of the innovation of the environmental pollution governance model. Due to the involvement of the third party as a new subject, the conflict of the traditional two-way legal relationship has broken in the aspects of the undertaking of environmental legal rights and obligations, the identification of responsibilities, and the way of undertaking responsibilities. The third-party governance mode means the change from the past single control to market cooperation, which provides a new development idea for the all-around construction of the ecological environment. After this concept was first put forward after the Third Plenary Session of the Eighteenth Central Committee, third-party treatment of environmental pollution has made great progress in social practice. At the same time, they are also facing some difficulties in the complex environmental service market economy. Third-party governance is open, professional, contractual, and competitive. In actual operation, pollutant companies, third-party service companies, and governments (functional departments) are all in a dynamic game process. In the process of rule of law, how to achieve a good balance between the rights, obligations, and responsibilities of all legal entities still needs to be explored in subsequent practice. In order to standardize the third-party market of environmental pollution, the basic legal relationship in the third-party governance of environmental pollution should be clarified. We should clarify the division of responsibilities in environmental service contracts. It is necessary to establish a unified environmental supervision system by perfecting relevant supporting systems for the service market and integrating the concept of public participation to improve the comprehensive third-party environmental pollution control system in the market economy.