Research On Legal Regulation Of Public-private Cooperation Environmental Governance

Based on the position of the rule of law realism,it is necessary to reveal the connotation of public-private cooperative environmental governance from three aspects:legal nature,core function and internal requirements.As far as its legal nature is concerned,it embodies the sovereignty of the people of the environment,not limited to democratic participation;in terms of its core functions,it intends to pursue the integration of governance mechanisms to avoid the imbalance of interests;in terms of its inherent requirements,it is not limited to the interests of multiple interests.Expression,but the pattern of environmental co-governance.As an innovative environmental governance mechanism,the establishment of public-private partnership environmental governance includes four major elements: main elements,essential elements,behavioral elements and responsibility elements.These elements constitute a logical self-consistent system,showing public-private partnership environmental governance.The distinctive characteristics of oneself are obviously different from the public-private cooperation mechanism in administrative law.The academic circle studies the governance of public-private partnerships,or focuses on risk theory,or focuses on cooperation and co-governance,or on the transformation of state functions.Because the observation angle is relatively simple,it may lead to certain errors and omissions in the construction of legal model and the choice of rule of law.Regardless of theory or practice,involves a wide range of issues,and it needs to be interpreted in a multi-dimensional perspective,maintaining open legal analysis and adapting to the applicability of practice.Based on this,the article adopts the observation angle from macro to meso,and systematically proposes three theoretical systems: environmental risk and national environmental function change theory,guarantee administration and national environmental protection obligation theory,pluralistic governance and environmental cooperation governance theory.Jurisdiction analysis of orientation and multi-dimensionality.The mirror of extraterritorial experience is not only a relatively learning process,but also a process of localization construction of public-private partnership environmental governance based on China’s national conditions.Through comparative analysis,although the two major legal systems in the West have their own characteristics,there is little difference in terms of specific practices and system implementation.In recent years,it is worth noting that the two major legal systems have shown a distinction between normativeism and functionalism when constructing the legal structure of public-private partnership environmental governance.The practice of public-private cooperative environmental governance in our country presents the characteristics of diversity.Therefore,to conduct practical investigations,it is necessary to comprehensively use typed analysis methods and typical case analysis methods,and combine the three functional orientations of public-private cooperative environmental governance,from environmental organization law,Types of research are carried out in three aspects: environmental behavior law and environmental procedure law.At the same time,the information acquisition mode of social source waste and its legal regulation are investigated in a typical way.This way,the status quo of the implementation of public-private cooperative environmental governance in China and the direction of the rule of law urgently needed to be improved are analyzed.Public-private partnership environmental governance,as a product of modern environmental law innovation and privatization programs,has a strong policy and purpose orientation.However,once public-private partnerships are rooted and practiced in the modern environmental legal order,they may pose enormous challenges to traditional environmental law.In order to respond to these real-world challenges,the implementation of public-private partnership environmental governance must have a prudent and clear rule of law positioning.At the same time,in order to respond to the rule of law needs of public-private partnership environmental governance,it is necessary to promote the positioning of government functions and the legalization of power allocation,expand the types of environmental administrative subjects and promote the reform of administrative organization law.In order to improve the environmental administrative due process,regulate the diversified public-private cooperative environmental governance behavior,strengthen the information disclosure system of public-private partnerships,establish a multi-disciplinary dispute resolution mechanism and strengthen judicial review functions,etc.,in order to demonstrate the rule of law on the regulation of public-private partnership environmental governance.