Research On The Legal Issues Of Public-private Partnership In Environmental Pollution Control

The rise and development of governance theory,public choice theory and theory of cooperative country lay a profound theoretical basis for the governance model of public-private cooperation of public goods.Environmental pollution control is a kind of public goods,which makes the trend of public-private cooperation be growing strong.However,there are big contrasts in political systems,historical and cultural accumulation,development levels of economy and society,governance systems and capabilities in countries,so the public-private cooperation mode of public goods must aim at specific scenes to choose the most appropriate application way.Meanwhile,the publicprivate cooperation mode of environmental pollution control in China is combed,summarized and analyzed,so as to find the administrative mode based on the modern western public governance theory.What kind of problems may arise in the application of socialist China,and what kind of transformation and innovation are needed,which is the gist of the paper.According to the investigation and analysis of the theoretical basis on public-private cooperation,it’s believed that public-private cooperation is the inevitable product of the modern administration from order administration to payment administration or welfare administration,meanwhile,and care must be taken to the problems existing in the application.Based on the arrangement of the current practice on cooperative governance of environmental pollution in China,it’s believed that there are some problems in the environmental pollution governance,such as the effect on interests of each party due to unequal body status,the uncertain performance risk in administrative contract,the imperfect system of administrative compensation,the nonstandard order of cooperative governance and the insufficient system of private subjects’ compensation and relief in case of disputes.Based on the detailed analysis of these issues,some countermeasures and suggestions are put forward to solve the problems,so it’s necessary to standardize the cooperation subjects,reconfigure the accrual-basis of the government and private subjects to balance the rights and obligations of both sides,improve the mechanism of performance guarantee such as risk sharing,control management,performance evaluation,improve the administrative compensation system,perfect the procedural standards of cooperation,and further perfect the system of rights relief.Only in this way can it meet the requirements of modern environmental governance system and fundamentally solve the problem of pollution management.