The Research On The Theory And Practice Of Environmental Administrative Contract In China

The appearing of the environmental administrative contract develops the traditional theory on administrative law. Traditional administrative law adopts strong authority's model, and takes "order" and "control" as the only method. But this model can not achieve the ideal effect in practice, it may bring about the relative persons'resentment. And the information grasped by the administrative body is limited, it will bring out the result things that the administrative body' s ability falling short of their wish, and the effects are not sure to conform to the aim of environment administration. Obviously, the original methods already can not catch the development of situations, so persons began to find out the ways that can solve the problems better. Environmental administrative contract take the consultative spirit of the civil contract into administration, it respects the two parties' desire and has its own special feature to solve some environment problems. There are many countries in the world have take environmental administrative contract.At the present, the researches on environmental administrative contract in the theory circle are short, and they mainly focus on the concept, characteristics and functions of environmental administrative contract. But the foundation theoretical issues that include concept, characteristic and function have not reach unanimous views. In the basic of inquiring some foundation theoretical issues and research fruits, and analyzing the development situation of China's environmental administrative contract system contract in our country, the author puts forwards some recommendations on perfecting the system of environmental administrative contract in this article. The paper includes four parts:The first part:the overview of environmental administrative contract. In this part, there are some discussions on the social background of the creation and development of the environmental administrative contract, the concept, characteristics and categories of the environmental administrative contract. The aim is that we should have a basic knowledge on environmental administrative contract and lay a foundation for the next discussion.The secondly part:the environmental administrative contracts in main countries and Taiwan. In this part, the author mainly introduces the pollution control agreement of Japan, Project for excellence in leadership of America, the practice of environmental administrative contract in France, Germany and Netherlands, and the environment protection contract of Taiwan. The aim is to explain that environmental administrative contract has been widely applied in the world, and provide references and experience for the running of environmental administrative contract system in our country.The thirdly part:the nature and value analysis on environmental administrative contract. On environmental administrative contract has a basic understanding and understanding the operational status on foreign environmental administrative contract, then summing up the value of environmental administrative contract in order to prove that the contract should been further developed in China. And summing up its nature not only to a better understanding of environmental administrative contract, but also has an important role in its operation in practice, and as a clear premise when resolving the contract disputes when the contract must be clear premise.The fourth part:the status and improving on the system of environmental administrative contract in China. Combing the developed context on the China's environmental administrative contract and exploring the problem China's environmental administrative contract, then integrating with China's national conditions and the advanced experience of foreign countries, putting forward the recommendations on perfecting the system of China's environmental administrative contract.The system of environmental administrative contract has been widely used in China. But as the incompleteness of the theory lead to the problems that arising in practice can not been solved well. From researching the basic theory of environmental administrative contracts and the advanced experience of foreign countries in this paper, the author hope that it can provide a little reference for the operation and development of the system of environmental administrative contract.