Studies Of Environmental Public Service Franchise Legal System

The insufficient supply and inferior quality of environmental public service is always a tough difficulty of environmental protection cause in China.Franchising legal system,adopting market competition and social capital,which has functions as improving the efficiency of public service supply and reducing the pressure of government debt,is regarded as the best way to solve that difficulty.Therefore,environmental public service franchise legal system comes into being.The vague cognition of basic conception and legal relations is the biggest barrier of the improvement work of environmental public service franchise legal system.So the thorough analysis of them must be taken primarily.Firstly,this thesis differentiates between public service of franchising and other similar or relevant system,such as public-private partnership,government purchase of services and administrative license.With the Two-stage theory,this thesis holds that the public service of franchising belongs to the administrative licensing on one stage.Then,on the basis of concept analysis,this thesis dissects the multiple legal relations of environmental public service franchise legal system,especially the legal relation between government and franchisee.This thesis considers that legal relation should be divided into two phases,the license phase of franchise right and the operation phase of public service.The former belongs to the administrative license and is an administrative legal relation;the latter belongs to the civil contract and is a civil legal relation.This thesis also makes a judgment of the nature of public service franchise agreement.On account of the defects of the administrative contract system and the superiority of civil contract in the public service franchise system,this thesis affirms the nature of public service franchise agreement is civil contract.Base on the research of the current situation of the domestic system and the reference of the abroad related system,this thesis propounds some specific suggestions on how to improve environmental public service franchise legal system of China:Firstly,both comprehensive legislation and specialized legislation should be promoted.On the one hand,a comprehensive public service franchise law should be enacted to coordinate basic rules in various fields.On the other hand,sufficient attention should be paid to the particularity of environmental public service,related department and local government should enact relevant regulations of environmental public service franchise system.Secondly,set up a unitary project management organization,performing the service function of the government.That organization is in charge of project review,permission of franchise right,negotiation of franchise agreement and contract management,etc.Thirdly,establish independent supervision and social supervision.On the one hand,an independent supervisory organization should be set up,performing the management function of the government,which is responsible for dynamically supervising the environmental public service franchise business,warning and punishing the franchisee who supply unqualified environmental public service,etc.On the other hand,public supervisory committee should be established,being responsible for organizing public to supervise environmental public service supply.Fourthly,improve the price mechanism of environmental public service.The abundant consultation on the basis of equality and the necessary public participation should be guaranteed during the price making procedure.And the government subsidy system of public service price should be improved to guarantee the sustainable and effective supply of environmental public service.Finally,define the dispute resolution of environmental public service franchise.Under the two-phase analysis of the legal relation between government and franchisee,the dispute resolution of environmental public service franchise also should be divided into different phases,and legislation should stipulate definitely the legal procedures,which the disputes in different phases should apply.