论环境服务组织的连带责任

发布时间：2018-08-05 12:32

【摘要】：根据新《环境保护法》第六十五条,环境服务组织因提供虚假环境服务而在环境污染和生态破坏时应当与其他责任者承担连带责任。但法律未就此连带责任的性质、限度、范围等问题详加规定,因此存在法律适用上的困难。环境服务组织是从行政机关分化出来的社会中立组织,其使命在于对外提供技术信息或者服务,它的产生是基于环境执法分权的需要。环境服务的实质是对外提供中立的环评信息、环境监测信息和环境设备设施维护运营服务。这些环境服务构成了环境执法机构决策的技术基础。环境服务组织承担的连带责任属于过错责任,乃基于未能履行法定义务而产生。在责任范围上,此连带责任可以是民事责任,也可以是罚款罚金等经济行政责任或刑事责任。此责任虽然与污染者的责任构成连带,但两者不是基于共同侵权的连带责任。环境服务组织承担的连带责任是依附责任和转承责任,在自己承担责任后,可以向污染者追偿。
[Abstract]:In accordance with the sixty-fifth new environmental protection law, environmental service organizations should undertake joint and several liability with other responsible persons for the provision of false environmental services in environmental pollution and ecological destruction. But the law does not specify the nature, limits and scope of the joint liability. Therefore, there are difficulties in the application of the law. The environmental service organization is an environmental service organization. The social neutral organization, differentiated from the administrative organ, has its mission to provide technical information or service to the outside world. Its production is based on the needs of environmental enforcement decentralization. The essence of environmental services is to provide neutral environmental assessment information, environmental monitoring information and environmental equipment and facilities to maintain operation services. These environmental services constitute the environment. The technical basis for the decision of a law enforcement agency. The joint liability undertaken by an environmental service organization belongs to the liability for fault and is based on the failure to fulfil its statutory obligations. In the scope of responsibility, this joint liability may be an economic administrative responsibility or a criminal responsibility, such as a fine, or a fine and a fine. This liability, although connected with the liability of the polluter, is connected. But the two are not based on the joint liability of joint tort. The joint liability of the environmental service organization is the liability and the responsibility, which can be recourse to the polluter after its own responsibility.
【作者单位】：西北农林科技大学人文社会发展学院;
【分类号】：D922.68

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