Environmental Administrative Contract Research

Environmental administrative contract is a new type of environmental administration as a non-mandatory administrative action, which has been widely used in western developed countries, and which is considered to be an efficient way to make up the lack of environmental law and coordinate the benefits of citizens, enterprises and government. Environmental administrative contract has been used in a certain degree and recognized by the national legislation in China, but our country's scholars have very little research on the definition, characteristics and nature; and less scholars make special research on how to construct the system of our country's environmental administrative contract. Therefore, this paper selects environmental administrative contract system for special research, hoping to contribute theoretical research on environmental administrative contract and help the establishment, improvement and development of environmental administrative contract of our country.This paper is divided into four parts, the first part is the theoretical basis of environmental administrative contract, which chiefly discuss the definition, feature and nature; the second part is comparative law on the system of environmental administrative contract, which chiefly analyzes the European and American environmental agreement system, Japanese environmental agreement system and Taiwan's environmental protection agreement system; the third part is the necessity and the feasibility of constructing our country's environmental administrative contract system, which chiefly discuss the necessity from the view of the function of environmental administrative contract system, the lag of our country's environmental administrative methods and the questions of our country's environmental administrative contract system in using, and the feasibility from the view of the initial development of our country's environmental administrative contract system,the advancement of environmental awareness of the enterprises in China, the system of pollution licence and environmental friendly enterprises; the fourth part is the construction of our country's environmental administrative contract system, chiefly discuss the construction of our country's environmental administrative contract system from the view of procedural control, main contents, responsibility system and remedy system.This paper focuses on theoretical basis of environmental administrative contract and construction of our country's environmental administrative contract system. First of all, this article defines the concept of environmental administrative contract, then analyses the connotion of environmental administrative contract by way of comparing environmental civil contract, administrative contact, traditional administrative management methods with environmental administrative contract. The characteristics of environmental administrative contract include environmental administrative body is only one in the subjects of contracts; The content of contracts focuses on interest-induction of environmental administrative subject and heavier obligations of relative person; The object of contracts is environmental resources or environmental behavior; The parties of contracts have interaction in sign contracts; There are stronger science, technology and longer period in the implementation of contracts. Environmental administrative contract is administrative contract in nature, and can be further summarized as non-mandatory environmental administrative action. Procedure control of environmental administrative contract system is chiefly the absorption civil procedure system and criminal procedure system; Chief content of environmental administrative contract includes right and obligation of the parties, executive commition, environmental standard and measures, reward measures, the publicment of environmental information, urgent plans and inspection power of entering; The responsibility system of environmental administrative contract has its own characteristics; Remedy system of environmental administrative contract chiefly includes consultation, the handling of executive committee, the handling of administrative organs and judicial proceduce.