Research On Environmental Administrative Voluntary Agreement

In the process of speedy economic development, human beings have exploited and made use of natural resources for self-existence and production .That has brought about serious environmental pollution and damage . Engels had early pointed out : "we should not be intoxicated with our success over nature . Nature have revenged us every time we succeed . As time goes on , totally unexpected evil effects will overtake our initial intentional benefits . Resident in US Suobudamiya ,Greece , Asia Minor and other country deforested forest for their farmland . They might never had expected that these areas would become deserts later . Because when the forest disappear so did the water storage . "Along with the social and economic development, problems concerning environment grow more and more complex and serious . Meanwhile ,the improvement in the level of material life push people asking for their right for better environment .And the calling for environment protection grow louder . On the new stage of development , China has advanced the strategic ideology of sustainable development . That being applied in the field of environment include : greater diversity in environment control and environment protection regulation , and more rigorous environment standards .The environment administrational voluntary agreement is the very new legal institution of environment management, being born in such a background . It is initiated by the government who in light of specific area to sigh on their own free will . The signer agree to achieve the environment standards which is higher than that general regulation and get preferential treatment from the government in return.Being originated from Japanese public hazard prevention protocol , this system has been popular in the developed countries such as the Europe and the United states in recent years and is regarded as effective environment regulatory regime pattern on the new stage of the new century . China has began to launch this pattern in many cities since 2003 and have harvested favorable benefits in economic and environment and promoted coordinate developments between them . But in comparing with Japan and the western countries . China is far on in time the theoretical study of the environment administrational voluntary agreement system and have not formed systematic theoretical support both for theory and the institutional foundation . As a consequence , there exists the uncoordinated situation in which the voluntary agreement regulatory patterns are present but the corresponding theoretical study is comparatively leg behind . Thus the purpose of this writing is to build a bridge between them and pave a way for the implementation of the environment administrational voluntary agreement, and to fully bring about the social, economic and environmental benefits of this pattern.This essay adopts the comparative law to introduce the voluntary agreement in Europe and the U.S , the content and historical development of Japanese public hazard prevention protocol and of the environment protection agreement in TaiWan China . It reveals the developing conditions and the growing trend of this theme in and out of china , and suggests to institute the frame of China's environment administrational voluntary agreement in light of its necessaries and possibilities , combining with the favorable experiences of foreign countries and that of Taiwan China , and also drawing lessons from the domestic experimental enterprises . That is the final writing objective and is in comply with the demands of times and is of important theoretical and practical significance.The virtue of this essay is that from a comparative perspective , it stresses the inner driving force and growing ground of this system overseas and in Taiwan China ;pointing out the feasibilities and direction for China to learn from others . In addition, although the content of this essay run fields of environment ,energy , circulating economies and so on ,it makes demonstrations mainly from an economical stand . Meanwhile , the essay highlight its character of system of the institute construction in the perspective of law , and stress to analyze its legal qualities , its legal rights and duties and also its guarantee for legal relief in the process of implementation .