Legal Study On Contractual Approaches To Promote Civil Environmental Protection Service

Government contracts of environmental protection service are made between government and environmental protection service providers, Civil Contracts of environmental Protection Service are made between enterprises and environmental protection service providers, The limitation type of contract terms restrict autonomy will of the civil contract parties. The environmental-friendly terms refer to those terms which set specific rights and obligations about environmental protection in the civil contracts. These contractual approaches will promote civil environmental protection service, they are based on the market economy system and reflect the Environmental Democracy Principle. Contractual approaches are new theoretical model in Environmental law.Chapter1is the summary of contractual approaches to promote civil environmental protection service. As the way of governance has reformed and deregulation is the setting, there are also some changes in the area of environmental protection happened to adapt to the market mechanism, the traditional way is depending on public welfare undertaking, but now, the new approach is the coexistence of government and civil subjects including enterprises, environmental service providers, individuals and civil communities. Polluters Pay Principle, Beneficiaries Pay Principle, Environmental Democracy Principle, State Intervention Principle and other theories provide basis to expound and prove the necessity of civil environmental protection service. The contractual approaches in Economic Intervention can be reference to the Environment-friendly Intervention.Chapter2determined the contractual approaches discussed in this thesis. The first approach is Environmental Servive Contract. Through the historical analysis on all kinds of environmental administrative contracts, it shows that the environmental service contracts should be separated from the former type. Environmental Service Contracts have the function of promoting civil environmental protection service: enterprises and operators of environmental service provider become subjects of contracts; contractual administration gives enterprises more flexible alternatives to comply with law; the contracts can confirm the intangible value of environmental protection service; develop institutions via contracts. The second approach is environmental-friendly terms in civil contracts. The function of these terms are: stimulate enterprises and individuals to participate in environmental protection service and embody humanistic spirit of environmental law; make the civil relations to be the object of intervention, the ordinary people’s environmental rights can be confirmed and realized through these contracts’ terms so that they will improve the development of environmental protection service.Chapter3studies on government contract of environmental protection service. This type of contract is made by operators of environmental service providers and government. The definition of government contracts of environmental protection service is that the governments make contracts with environmental service providers to solve problems like pollution prevention and treatment, ecological reservation and rehabilitation, the models include administrative commission, franchise, government procurement. The ambiguity of the particulars of the contracts and the lacking of supervision criterion and experiences are problems of the environmental government contracts. There are some suggestions to promote the development of providing environmental servicing by government contracts:entitling the investors property rights to enter this market, implementing demonstration projects, making model contracts and laying down monitoring regulation for this market are steps to standardize the market.Chapter4studies on civil service contract of environmental protection. This type of contract is made by operators of environmental service providers and enterprises. Compulsive cleaning agreements are applied in management of marine pollution caused by vessels, grid companies’ compulsive duty to make contracts to buy renewable energy, recovery and disassembly contracts are motivated by compulsory retirement duty of motor vehicles. These practices provide basis to the compulsory contract system. Enterprises can bear the environmental liability through Service Contracts of Environmental Protection, professional market subjects provide environmental protection services to enterprises, government, and the public by means of contracts, the scope covers pollution prevention and treatment, emergency preparedness and response, ecological rehabilitation, energy-saving and reusing of resources, etc. In this chapter, the author analyses how the current legality provide trade chances for this kind of contracts, and summarizes the obstacles and countermeasures.Chapter5studies on the environmental-friendly terms of the civil contracts. These terms can be divided into limitation type and intervention type. The limitation type of environmental-friendly clauses restrict autonomy will of the contract parties, the scope of the limitation include counterparts, quantity and standard of objects, etc. The intervention clauses refer to those clauses which set specific rights and obligations about environmental protection in the civil contracts so that the stipulation in the public environmental law can be embedded into the private contracts and acquire compliance.Chapter6studies on private contracts about urban greening and researches the terms in this kind of contracts. Individuals conclude contracts with environmental service providers, enterprises and other individuals, they bear the cost of environmental protection via contracts and terms in these contracts, this can produce effects of "depositing green among the people". the Greening contracts studied in this chapter include:service contract of home gardening, lease agreement of fields and gardens in Germany, commission contract of planting and cultivation, contract of carbon sink, travelling contract in the scenic zone and public greenland. The research covers the publicity clause of common green area and the conventional clause of proprietary green area in the commercial flat sales contract, the green area provision in the rules and agreement on managing the buildings.Chapter7studies on contractual approaches applied by civil communities to participate environmental protection service. The consensus of environmental protection can be reached by formation and performing of environmental-friendly clauses in some kinds of civil communities’agreements and contracts. There are main two approaches:the one is applied by the communities who have registered as social organizations, civil environmental protection organizations can sign contract to sale out public service to the government and sign environmental trust contract with the public. The other is setting environmental-service terms in the internal organization agreements like invest agreements, industrial agreements, agreements between villagers, agreements between individuals, rules and agreements on managing the apartments.