Research Of Improving The Franchise System Of Waste Management

Municipal waste management is one of the important and basic municipal government's responsibilities. However, Because of funding shortages and weak civic awareness, treatment of garbage been taken is a simple way of landfill. However, since China's reform and opening up, because of accelerated urbanization and sharp increase in urban population, the number of MSW growth rate far exceeded the rate of waste disposal. Since the 90s of the 20th century, "besieged garbage" reports had been more and more seen in the media, government and citizens began to attach importance to the disposal of garbage.This paper is divided into four chapters. The first chapter mainly discussed the present situation of urban living garbage disposal in China. Namely, garbage disposal methods still lagged behind. To change this situation, the country offered the waste industry policy, and enacted a series of policies and regulations. Under the impulses in Ministry of Construction, many local governments started concessionary in life garbage disposal management field. But franchise of life garbage processing in China's development was not well. Its reason is that the enthusiasm of folk capital investment was insufficient. The law to ways of granting a franchise, rights and obligations of franchise, and the settlement of disputes was not unified and clear, otherwise judicial practice were also not unified. This leaded to exist doubts when private capital tending to invest into life in garbage franchise. The second part mainly discussed ways of granting the franchise of the living garbage processing. Ways of granting the franchise of the Living garbage processing has two kinds:issuing authorization and signing a franchise agreement. Authorization is the confirmation of the administrative licensing decision. Franchise agreement is the implementation of administrative licensing decision on ways. The process of making the administrative licensing decision must follow a certain procedure. Bidding is the main program. But when in taking the not-public bidding, the government should remain be restricted by a certain procedure. The signing of the franchise agreement there has special program requirements. After the signing, it shall be recorded to the higher level people's government.The third part mainly discusses right (power) and obligation relationship of the franchise of living garbage processing. The government of right (power) can be categorized into two parts:a) Administrative optimal prior right; b) Rights as the parties to the contract. Often the government's obligations are charter operator's rights, so this paper discusses the scope of the administrative optimal prior right, the government's special warranty obligations, charter operators and consumers' rights and obligations.The fourth part mainly discusses dispute solution of living garbage processing franchise. Regardless of whether administrative counterpart was disaffected of the administrative licensing decision or existing dispute over the franchise agreement content such as the dispute over performance, they can take ways from negotiation, administrative reconsideration or the administrative lawsuits. If issuing an administrative litigation on the franchise agreement's performance, administrative litigation procedures prescribed and evidence related and so on various aspects system's structure need to be carried on the corresponding modification.