| China's industrial development is mostly based on the environmental cost. Nowadays, China's major cities are faced with a variety of environmental issue. A departmental rule called Measures for the Administration of Concession for Infrastructure and Public Utilities(MACIPU), has been proclaimed by six ministries of state council in April 27 th, 2015. It claims that the private entity can attend into the aforementioned industries, which include environmental industry. However, the management mode of the environmental industry is different from others, its low profit and high operation risk make some operational troubles. Meanwhile, the financial incentives that MACIPU mentions have some inevitable lesion, such as weak legal validity and low operability that cause the operational problems of concession project of environmental industry. This article focus on the legal research of concession project of the industry to renovate those issue.This article could be divided into four chapters.The first chapter is the overview on concession project financing of environmental industry. It starts from the background of the development of the environmental industry. Besides, this article distinguishes relevant concepts and makes systematic statements and abstraction on the notion and characteristics of environmental industry and project financing, as well as the notions of concession and PPP. At last, this chapter summarizes the concept of the concession project financing in environmental industry. Through the elaboration of this chapter, it has a clear understanding of the concession project financing in environmental industry.The second chapter is about legal analysis. This chapter focuses systematic analysis on legal issues pertaining to main methods of financing and the nature of concession contract. It also analyzes the choice of financing mode and the profit pattern of environmental industry.Through the analysis of this chapter, the key points that need to pay attention to in the project financing of the environmental industry franching are defined, and the problems of the concession project financing in environmental industry are summarized in the third chapter.The third chapter summarizes the problems of China's concession project financing of environmental industry. It start form the legal status quo of carding the specific contents of relevant laws, administrative regulations and departmental rules. This chapter analyzes the legal norms of concession project financing in environmental industry are not perfect, the lack of government credibility, profit model has drawbacks, the dispute settlement mechanism is not clear. Therefore, in order to promote the healthy development of the concession project financing in environmental industry, we must solve the above problems.The fourth chapter is the conclusion and it brings about legal methods necessary in smoothly conducting concession project financing of environmental industry. Firstly, to improve the legal norms of the concession project financing in environmental industry by perfecting the legal system of infrastructure and public utility franchise and making financial law and the good connection of the legal system of franchising. Secondly, from the transformation of government functions, the establishment of government credit system and improve the environmental public participation system in three aspects to enhance the credibility of the government. Finally from the legislation to determine, after consultation, the dispute solving mode, perfect trial franchise agreement in the system of civil litigation and perfect franchise agreement of arbitration system to complement the environmental protection industry franchise dispute settlement mechanism. |
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