System Construction Of Environmental Contract

Environmental Contract from Japan's pollution prevention agreements, agreements on the prevention of pollution to prevent new pollution sources generated played an effective inhibition. Japan's postwar economic policies, the emergence of pollution, and local government autonomy was one of the socio-economic and political foundation for the formation of environmental agreements in the European Union, the United States, projects such as environmental agreements, it is Japan's system of pollution prevent the development agreement, shows the new contract system of modern environmental trends. The environmental contract as a third system, implementation of the system, on the improvement of the environment in these countries play an important role.Nature of the contract on the environment has been controversial, some scholars believe that the administrative contract, and some scholars believe that a civil contract. This contract means that the environment, including the State entered into between the parties related to the development and utilization of environmental resources and environmental protection and pollution control in the relationship between rights and obligations of the agreement, neither the nature of the administrative contract, nor an ordinary civil contract, but a new special type of contract. Environmental contract involves a wide range of related to the environment, development and utilization and environmental protection; environmental contract is also widely involved in the main, apart from government, business, but also with a certain environment-related public.Advocate, promote environmental contract system is the development of modern civil law requirements of fairness and justice and the environment, but also of civil and environmental rights, limited and insufficient to avoid the administration the necessary choice, the next stage of China's inevitable requirement of energy conservation; However, environmental contract system different from the general contract system, the special needs of the application of new rules, the principle of public participation, limited freedom of contract principle and the principle of good faith the basic principles of its application, the state environmental management agencies contract management responsibilities to the environment changes, and environmental contract formation, performance, modification, dissolution and dispute resolution methods are necessary to build the system environment, the contents of the contract.