Study On The Legal Issues On The Contract Of Protection-environment

Since the second industrial revolution, with high development of productivity, human activities have been affecting the nature profoundly. The developmental idea of governance after pollution destroyed the ecological environment badly. And the frequent polluted incidents threaten on the survival of human beings. The traditional environmental laws stressed regulating and constraints the activities of administrative relatives with order means, but the rigid and forced management tools are ineffective for the growing number of environmental pollution incidents. There are varied reasons. And of these, the disgusting and boycotting to the environmental administrative coercion is very important. If we can introduce the modern administrative concept, stress the democratic administration and participating administration, and give the right of participation to public, the serious environmental crisis could be solved effectively.The contract of protection-environment is a new kind of environmental legal system which rose in western in recent decades. The government and enterprises negotiate freely on the basis of equality, and reach agreement about the measures of preventing and controlling pollution and the environmental governing matters. The contract of protection-environment has the advantages which the traditional environmental coercion does not have. The research on the contract of protection-environment is very important to construct the legal system of the contract of protection- environment, promote the development of environmental protection, and construct the harmonious society and ecological civilization.The whole thesis is divided into four parts:The first part introduces the basic definition and character of the contract of protection-environment, analyzes the function meanwhile, and explains the object of study on a whole basis. All these lay foundation for the construction of the contract of protection-environment in China.The second part studies the theoretic basis of the contract of protection-environment mainly from the concept of administrative contract, environmental equity and environmental ethics, which provide full demonstration for the feasibility and justification of the contract of protection-environment.The third part introduces the developmental situation of international contract of protection-environment, especially in Japan, Europe, the USA and Taiwan. On the basis of analyzing the contract of protection-environment comprehensively, the paper reaches the revelation according to the actual situation of China.In view of our country's reality, the fourth part brings forward to the preliminary construction of the contract of protection-environment from the principle, conclusion, fulfillment, liability, legal remedy and supervision.