The Research On Environmental Administrative Contract

Environmental administrative contract is an agreement of creating,changing and eliminating legal relationship between administrative organ and another body,which originated accompanied by the deterioration of the environment and the application of administrative contract.Due to its spirit of democracy,the initiative it empowers the administrative organ and its advantages such as applicability, it has played a significant role in improving environment, stimulating the administrative counterpart’s enthusiasm and expanding public participation in administration since its origination in Japan. Then,countries like France and America imitated this management model and formed their own charicteristcs.In our country, environmental administrative contract was used as a new management model accomponied by the transformation from planned economy to the ecnomic system.On the one hand,it has played an important part in environment management,but on the other hand, we are still in the initial stage of leagal construction and there are still lots of deficiencies on theoretical study,legislation,arrangement of rights and obligation and supervision and relief,which need further study and system construction.This article is written for the purpose of perfecting our country’s environmental contract system,using the method of comparing.The writer firstly discribes the basic theroy,secondly intrduces the system in forein countries and its enlightment,thirdly analyzes the deficiencies in therotical study and system practice,and in the last part puts forward guiding principles and specific proposals on perfecting the system.This article consists of four parts:Part1, the outline of environmental administrative contract.In this chapter, the writer first gives an account of the origin and development of the environmental administrative contract so that we have an initial understanding.Then the writer elaborates the defining,features and value of the contrat so that we have a further understanding.Part2,the overview and enlightenment of environmental administrative contract system in foreign countries.In this chapter, the writer first introduces practices in forein countries like Japan,America,France and so on,then compares them in the perspective of legaslation,arrangement of rights and obligation,supervision and relief.The enlightment we get from the comparision can be applied in perfecting the system in our country.Part3, the inspection of our countries’environmental administrative contract system.In this chapter,the writer first discribes the development process of the system in our country,then analyzes the achievement and deficiencies in the perspective of theoretical study and system practice.Part4, the perfecting on our countries’environmental administrative contract system.In this article,the writer puts forward some guiding principls and specific proposals in the perspective of macro and specific,so that they may play a role in perfecting our country’s system.