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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。
According to Article 65 of the new “Environmental Protection Law”, environmental service organizations should bear joint and several liability with other parties in the event of environmental pollution and ecological damage due to providing false environmental services. However, the law does not provide detailed provisions on such issues as the nature, limits and scope of the joint and several liability, so there are difficulties in applying the law. Environmental service organization is a socially neutral organization that has been differentiated from administrative agencies. Its mission is to provide technical information or services to the outside world. Its production is based on the need of environmental law enforcement and decentralization. The essence of environmental services is to provide neutral EIA information, environmental monitoring information and environmental equipment and facilities maintenance and operation services. These environmental services form the technical basis for decisions by environmental law enforcement agencies. The joint and several liability of the environmental service organization is fault liability and is based on the failure to perform the legal obligations. In the scope of responsibility, this joint and several liability can be civil liability, it can also be fined fines and other economic administrative responsibility or criminal liability. Although this responsibility is linked with the responsibility of the polluter, the two are not based on joint and several liability for the joint infringement. The joint and several liability of environmental service organizations is dependent on liability and responsibility for transfer. After assuming their own responsibility, the environmental service organization may recover from the polluters.