Environmental Protection And Ecology Of The Contract System,

American jurist Mike Nick in "New Social contract Discusses" indicates the contract"the modern technology world is a typical one that take the contract as the foundation......Contract ......Already swept away the world, looks like plague to be the same."The modern daily life moment cannot leave the contract, the people breathe in it and realize the social life direct purpose through the contract performance. Therefore, the contract becomes one method that the people achieve the life goal frequently. The transaction is the root which the contract produces, whether agrees through the contract way to environmental protection's right and the duty, whether does the contract system becomes one institutional method protect environment? The answer is affirmative. In the public law and the civil law fuse under the international tidal current, the contract system needs to carry on the ecology development positively, becomes the important means of environmental protection .The so-called contract system's ecology, is take the sustainable development concept as the instruction, integrates the contract system idea environmental protection's duty, and expands, the renewal expression to the related system. This article needs to study the environmental protection and the contract system's ecology question is take the sustainable development concept as the instruction, the reasonable absorption correlation theories, in the theory foundation proposes. its goal lies in through the environment public law protection process in the government malfunction to discuss civil law solution for environment question , seeks for the breakthrough point both in the contract system and the environmental protection method's social change process, does the concrete research to the contract system ecology development, And explores the function of the ecology contract system that should have in the environmental protection and already display. This article primary coverage includes:First, introductory remarks. This part is divided the goal and the significance of the research. the research present situation and the literature summary and the primary coverage three parts. In domestic as well as in overseas related research observation understanding foundation, the reasonable absorption of the related personnel research results, takes own elaboration the foundation.Second, Environmental protection and contract system's modern development. This part mainly introduced the environmental protection way's development change and the contract system's socialized vicissitude, their development change has provided the turning point for the contract system's ecology.Third, Contract system's ecology. This part is one of paper hard cores. Must propose the contract system ecology concrete mentality in this part. Including contract legal relationship ecology; The contract works out the process the ecology; Contract fulfillment ecology; The contract change, relieves with the termination ecology; Contract dispute solution ecology, contract legal liability ecology.Fourth, ecology contract system to environmental protection significance and function. This part is second paper central content, affects two parts including the ecology contract system to environmental protection's function and the ecology contract system to environmental protection's reality. The ecology contract system ,also be the environment civil contract will play the important function in the environmental protection work, but in practice that already existed, like the pollution discharge power transaction system and international reduced the row of transaction system is the environment civil contract system's practice type.Fifth, conclusion. This part carries on the brief summary to the entire article, discovers the insufficiency, proposes the forecast.Under the influence of international tidal current that the public law and the civil law fuse mutually, the contract system to the environmental protection and environmental management's importance has become the fact that does not struggle. The contract use in environmental protection domain, can effectively communicate and coordinate the public environment benefit and the personal environment benefit, is advantageous in solution to the contradiction and conflict between environmental protection and the management . The article has carried on the preliminary discussion to the environmental protection and the contract system's modern development, the contract system's ecology mentality, and proposed some simple opinions. Because the condition limits, some opinions are not very mature, has not made the thorough discussion to the ecology contract system's reality function.This article attempts through the comparison research, the empirical analysis, the historical analysis method to research environmental protection and the contract system ecology question. Take the contract system and environmental protection's modern development as an angle of view, seeks for the feasible road. Its innovation is the system research contract system's ecology, proposed that own ecology mentality, and reorganizes the contract system which in summary ecology later as well as the practice will exist to the environmental protection influence and the function.