The Research Of The Appliance Of Voluntary Environmental Agreements In China

With the developing of China’s economy, environmental issues increasingly exposed. Especially extreme weather frequently occurring in recent years and many cities in "haze", that makes the public more concerned about environmental issues and more urgent to seek environmental rights and the right to development. Faced with a series of environmental problems, the traditional way of "administrative enforcement order" in our country taken by government agencies can not solve the environmental problems which is brought by social development. Third Plenary Session of the Party’s "Decision on a number of issues of improvement of the socialist economic system" emphasizes" strengthen government functions, the most important is to deepen the reform of administrative examination and approval system, government functions from all to service-oriented transformation". Building service-oriented government, the first requirement is the innovation of administrative systems by environmental management agencies to enhance public participation. System of voluntary environmental agreements is a new means of environmental administration, which embodies the prevention of environmental pollution, improves environmental management efficiency and enhances public participation in environmental. Voluntary environmental agreements provides a new way for our environmental management departments to resolve environmental issues, but also provides a new way to transform service of environmental management department.The first part is about the basic theory of the voluntary environmental agreements applies, including the concept, content, based on the advantages and disadvantages of voluntary environmental agreement applies, voluntary environmental agreements is a policy instrument of constraint by industry or enterprises and government to improve the quality of the environment and complete certain environmental goals. Voluntary environmental agreements applicable refers to the practice of the process to meet the objective conditions of the process. Voluntary environmental agreement has the features of flexible content, comprehensive means of public goals, and diverse forms. It is helpful to achieve the government’s goal of environmental administration, with preventing administrators and managers of both intensification of contradictions. It is helpful to conducive to sustainable economic development with avoiding the expense of the environment. It is conducive to the spread of the concept of environmental protection and enhanced public participation in environmental protection work. Although voluntary environmental agreements in China is facing several problems of not perfeet management system, defective NGO, the illegal compromise of Government when facing the economic benefits.The second part of this paper describes the system of foreign voluntary environmental agreements applies. Voluntary environmental agreements applies originated in Japan, followed by being widely used in various countries. After decades of practice and exploration, many countries have established a relatively perfect system and made a more significant effect, such as the America, Japan, the Netherlands, the European Union. This section introduce the experience of voluntary environmental agreements of Japan, the United States and the European Union. In the premise of analysis of the current voluntary environmental agreements applicable to the situation and problems, we learn the advanced experience of foreign countries and build our country’s system of voluntary environmental agreements.The third part of this article is to introduce the case of voluntary environmental agreements in our country and summarizes the problems in the experimental work for ten years. Because of the voluntary environmental agreements are in the pilot stage, its development has been mainly depended on exploring of local governments. Few local government introduced corresponding provisions making voluntary environmental agreements applicable legal standards and the lack of legal basis. Since very few local governments to develop appropriate regulations, applicable of voluntary environmental agreements lack of legal basis and legal standards. In addition, voluntary environmental agreement mostly applies to the field of chemicals, iron and steel, building materials, electricity, cement and high-polluting industries. The agreement also often based energy conservation. Meanwhile, the object of participation in voluntary environmental agreements mainly enterprises with a small number of industries and individual. Construction of the system of voluntary environmental agreements also face three questions of the abuse of power, illegal compromise and weakening the effectiveness.The fourth part of the article is about making our voluntary environmental agreement applies more perfect. It is divided into legal system construction and other aspects of the construction. Construction of the legal system is voluntary environmental agreement with the laws and regulations to regulate, such as subject, content, signing a series of processes to fulfill, to prevent the abuse of power of authority and safeguard the legitimate rights and interests.In other areas’construction mainly refers to the change of government management concepts, enhance scientific and technical support and enhance the social and environmental awareness. It can provide a good objective conditions for voluntary environmental agreements, ensure voluntary environmental agreements effective implementation and achieve some success.