Research On Environmental Administrative Contract

With the development of the economy and society, people have benefited a lot from the rapid development of science and technology, but at the same time people have to face the serious environmental problems. Together with the progress of science and technology is the diversity and complexity of the environmental problems. Climate warming, ozone layer destruction, waste pollution, deforestation and other environmental issues not only directly threaten the ecological environment, but also seriously influence the health and life of human being and even that of the next generation. How to solve the environmental problem effectively has become an important function of the government. The traditional environmental administrative command is simple and compulsory. It failed to communicate with the relative person effectively and its effect is not obvious. But the variety of the environmental problems forces us to invest more labor power, material and financial resources while the unilateral investment of government becomes single and weak for dealing with the complex environmental problems. Arousing the public enthusiasm and making the citizen, enterprises and government devote to the environmental protection require the government to change the way of management and solve the environmental issues positively. At the same time, the trend to construct service-oriented government is rising up; the functions of the government are changing from "control" to "service". All of these set up a base for the government to explore a new model of environment management. In foreign countries, contract, which is a product that both parties reach to agreement, is adopted by many developed countries and regions in the environmental administrative management, and therefore, the environmental administrative contract is bom. Environmental administrative contract has been widely used in many countries and regions and many substantial results are achieved. This new method also developed initially in our country. However, the relative laws on Environmental Administrative Contract have not been fully established and theoretical researches on it also need to be further developed. This leads to the lack of guidance in practice and has become an obstacle to its effect and development. The author aimed at promoting the vigorous development of the environmental protection in our country and the comprehensive promotion of economics and society by analyzing and doing researches on the questions related with the environmental administrative contract in the hope that it can be helpful in the practice of the development of China’s environmental administrative contract. As for the contracts, the essay, including over30,000words, is composed of four parts besides introduction part and conclusion part.The first part explains the basic theory of environmental administrative contract. In this part, there are some discussions on the definition, categories, characteristics and nature of the environmental administrative contract to lay a foundation for the next discussion. The environmental administrative contract is an agreement that the environmental administrative subject reached with the administrative relative person in order to realize the goals and functions of environmental management for protecting natural resources and controlling environmental pollution in both agreements on the basis of generating, changing and eliminating of environmental administrative legal relationship. The current studies categorized environmental administrative contract as following:according to the need of practice in environmental administrative management and theoretical research, the environmental administrative contract is divided into two categories:environmental administrative contract with fixed form and environmental administrative contract without fixed form, the internal environment administrative contract and external environment administrative contract; according to the different objects of the environmental protection, it can be divided into natural resources protection and pollution control contract. As a special kind of administrative contract, it has the general characteristics of administrative contract while it also has its unique characteristics. The features of environmental administrative contract are as follows:first, one of the parties for environmental administrative contract must be a administrative subject; second, the environmental obligation for environmental administrative relative person is heavier; third, the environmental administrative contract is designed to guard the public interest; fourth,"acceptable" is the premise in the process of concluding environmental administrative contract for both parties; fifth, it’s more flexible and adaptable in the application of the environmental administrative contract; sixth, it requires longer time and higher content of science and technology in the course of the contract. Scholars identified the nature of environmental administrative contract as administrative contract, and the administrative contract theory reflects exactly the nature of environmental administrative contract.The second part focuses on the development of extraterritorial environmental administrative contract and the lessons we can draw from it, analyzes the specific application of the environmental administrative contract in the United States, Japan and Taiwan region, and summarizes the advanced experience and lessons to our country. The United States, Japan and Taiwan have applied environmental administrative contract for a long time and their theoretical researches and legislative procedure are more complete than China, especially the American Project for Excellence in Leadership, Japan’s pollution control agreement and the Taiwan environmental protection agreements which can provide a reference for our theoretical research and legislation. Therefore, we can absorb the successful experience of developed countries and regions from the aspects of strengthening the government propaganda, getting relative party to participate voluntarily, applying flexibly and focusing on democratic consultation.The third part focuses on the present developing situation and the existing problems of the environmental administrative contract in our country. Environmental administrative contract has a certain history in our country environmental management practice. In recent years, the environmental administrative contract is used more frequently, but the lack of theoretical research and legislation has hindered the development of the environmental administrative contract seriously while legal blank caused incorrect application of environmental administrative contract. At present, the environmental administrative contract mainly has the following problems:the first one is the lack of theoretical research, the second is delay of legislation, and the third is existence of some problems in practice, including the thought of sticking to the official standard, the lack of the public participation and the lack of the remedy system. Through the analysis of the present situation and the existing questions of China’s environmental administrative contract, specific suggestions are given in the fourth part to perfect the environmental administrative contract.The fourth part puts forward specific suggestions to perfect our country’s environmental administrative contract mainly from three aspects:the first is to strengthen the theoretical research, clarify the scope of environmental administrative contract, and determine the rights and obligations of both parties in the environmental administrative contract; the second is to formulate relevant laws and determine the procedures of concluding environmental administrative contract; the third is to strengthen the supervision of the public, to awaken the public consciousness of environmental protection and to complete the system of environmental administrative contract remedy system.In the conclusion part, the author summarized China’s environmental administrative contracts, confirmed the role of environmental administrative contract in our environmental management, and believed that the development of environmental administrative contract will have a bright future. At the same time, the author’s research is not deep enough with many problems not mentioned much. All of these needs to be perfect in the late learning process in the future. We hope that through this way, more scholars can make more efforts for environment administrative contract theory research, providing more security for the environmental administrative relative person in the practice of environmental administrative contract.