Legal Issues Of Environmental Administrative Contract Research

Modern society's economy is growing with a great speed. At the same time, the environmental problems come together with the economy growth have concentrated more and more attention. A new way of dealing with the environmental problems has come up, that is, Environmental Administrative Contract. In the Environmental Administrative Contract, the administrative subject and administrative relative persons enter into a contact that stipulates their rights and obligations in the environmental protection activities. It is a way of improving the environment through by means of contracts. This way has been broadly used in many developed countries and gained good effects, including but not limited to Japan, Holland, Germany and France. Our country has related practice, too. But there are still many problems in Chinese practice. For instance, the rights and obligations of the contracts are not clearly stipulated; the protection of the administrative relative persons is ignored during the enforcement of the contracts, which leads to the lack of enthusiasm; some of the administrative relative persons even sacrifice the public benefit for the sake of their own good. All the above problems have restricted the effect of the Environmental Administrative Contracts. This essay introduces the concept of the Environmental Administrative Contracts and the relative practice in some developed countries, and makes some plans for the building of the Environmental Administrative Contracts System in accordance with the problems in Chinese practices.The essay is divided into the following four chapters:The first chapter is the study of the concept of the Environmental Administrative Contracts. It is aimed to make the content of this concept clear. It introduces the name, category, definition and characteristics of the Environmental Administrative Contracts.The second chapter is about developed countries'practices and their inspirations for China. This chapter aims at to sum up the valuable experiences by introducing some developed countries'practices. The chapter introduces the practices of Japan, Holland, Germany and France, and then makes summarization.The third chapter is about the practice condition and problems of China. This chapter mainly introduces the main forms of the Environmental Administrative Contracts in China:the pollution management contracts, the contracts of the environmental protection objects, the environmental projects construction contracts, the grain contracts, the rangers appointment contracts, the pollution emission licensing contracts. The chapter points out the problems with specific cases, and makes analysis of their forming reasons.The fourth chapter is the tentative plans for building the Environmental Administrative Contracts System. This chapter states the basic principals of the Chinese Environmental Administrative Contracts system, the setting of the contents of the contracts, and the breaching liabilities and remedy system, which is significantly important for the realization of the contract's purpose.