Research On The System Of Environmental Administrative Contract

Environmental protection is mainly carried out by the government in my country, but the government is not able to deal with the more complicated environmental problems because it has limited resources. In the traditionally environmental administrative field, the method of authoritative administration is not fit for the development of environmental protection, so many environmental law scholars is always looking for a suitable way of environmental administration. Environmental administrative contract is favoured by the people because it is more flexible than administrative order.Firstly, the paper starts with the concept of the administrative contract .After analysing and comparing the concept of environmental administrative contract which is defined by the current environmental law circles, I definitely define the concept of environmental administrative contract. On the base of it, I start with analysing the essence of environmental administrative contract, set forth its character and classify it according to different standards.Secondly, I come to a conclusion that it is very necessary that the system of environmental administrative contract in my country after setting forth the fundamental theory, proceeding with the problem of the circulation of the current environmental law, drawing lessons from successful experiences of overseas systems of environmental administrative contract, touching the actual status of its moving in my country and analysing its inherent law value.Thirdly, the foundation of theory is provided with the system of environmental administrative contract with the transmutation of the traditionally administrative theory and rising of the theory of not compulsive administrative action. The system of environmental administrative contract has the solid foundation with the form and development of the system of the market economy, the rising of civil society, and the development of democratic administration and construction of relating systems of environmental protection.In the end, I put forward my own opinion on construction of system of environmental administrative contract. Firstly, the principle of honesty and credit and the principle of limited contract freedom are used as the elementary principles of system of environmental administrative contract. Secondly, system of concluding an environmental administrative contract is established by recommending and using system of blame obligation of contracting in civil law. Thirdly, system of performing an environmental administrative contract is constructed by assigning right and duty of its subjects. Fourthly, the relief system of an environmental administrative contract,...