A Study On The System Of Environmental Agreements

With accelerated industrialization and urbanization, the problem from environment and natural resources protection in our country is becoming more and more seriously. Therefore, the disputes about this problem are increasing, too;the desire that public seeking for the rights of sound environment and development is much more intensely than ever before. However, the traditional environmental protection patterns such as "order and controll", governing after the event are already difficult to satisfy the demands which protecting the environment and saving the resources, this also requires our environmental law and environmental management should be innovative unceasingly to adapt to this real need. At the same time, the system of environmental agreements that incarnating the principle of precaution, enhancing environmental democracy, reinforcing the public participation, carrying out cooperation in the environmental protection, provides a new way for environment and natural resources protection, and it also corresponds to the aim and demand which structuring harmonious society of socialism and service-type government in our country.The essence of environmental agreement is a contract to protect the environment and natural resources, with the characteristics such as target commonweal, form diversity, content flexibility, and measure comprehensiveness and so on. It can advance the communication, and make a chance to communicate for parties who have conflicts because of using the environment and natural resources. It emphasizes risk precautions, and can also prevent environment pollution, natural resources destruction and the environmental disputes to be acute. It is beneficial to coming true win-win together, not only protected the public's environmental rights, realized the benefits between enterprise economy and social, but also have been conducive to the environmental target, the judiciary target. The system of environmental agreements builds on the foundation of compatibility and commutativity between common benefit and individual benefit, and among individual benefit, moreover, it bases on the environmental management democratization, equalization, voluntariness, communication and cooperation. Modern environmental agreements first exist in Japan, subsequently they are found and widely used in Western countries such as France, Germany, Holland, the USA etc. At present, international environmental agreements are also very common. Western countries scholars put forward to international environmental agreements' legal characters, effects and enforcement. In order to solve environmental problems, Our country Taiwan area led into environmental agreements system from Japan, but the theory's studies and applies of this system has been short in continent area. However, it already has feasibility between theory and realism to structure our country's environmental agreements system.The purpose of establishing environmental agreements is to protect the environment and natural resources, it needs to abide by some principles, such as be beneficial to environment and natural resources protection, voluntary, cooperated and impartial. The object of agreements is the environment and natural resources exploitation and using, the behavior of destroying resources. The parties in an agreement should use their rights and perform responsibilities according to the law and agreement, otherwise will undertake corresponding morality responsibility and administrative, civil, even criminal liability. Environmental agreements'concluding, examining, putting on record and fulfilling and so on all ought to abide by law and arrange by agreement. To lift the implementation force of environmental agreements and attain environmental agreements system's objectives better, it needs to reinforce examination to environmental agreements, putting on record and supervising (especially social supervision) to increase whose open, transparency. As for the agreements disputes may be solved through nonlegal such as deliberating, reconciling and legal approaches.