| The environmental protection industry is an emerging industry category,and environmental protection products have strong public welfare,technical,and policy features.Government policies often determine the direction of development of the environmental protection industry.In recent years,the Chinese government has vigorously promoted the application of the PPP model in the field of environmental protection.The environmental protection PPP project contract is a series of agreements signed by the relevant entities for the implementation of environmental protection PPP projects.The environmental protection PPP project contract is an agreement signed between the implementing agency of the government and the selected social capital party to negotiate the main contents of the cooperation of the environmental protection project and the rights and obligations of both parties.According to the general theory,contract law is a law that adjusts the transaction relations between equal civil subjects.The main body of an environmental PPP project contract must be a government or the public sector representing the government,and the contractual interest has the dual nature of public welfare and private interest.The government has played a powerful role in the implementation of the project.Therefore,the environmental protection PPP project contract is not only regulated by the traditional contract law,but also challenges the traditional contract law theory.The rapid development of the environmental protection PPP model and the incomprehensibility in practice require that we theoretically study the special issues of environmental protection PPP contracts.Based on the above considerations,on the basis of analyzing the legal dilemma of China's environmental protection PPP projects,this paper uses theories and methods of environmental industry science,administrative law,contract law,general theory of civil law and legal methods and other related theories to study the legal issues of environmental PPP project contracts.This paper is divided into five chapters to study the legal issues of China's environmental protection project PPP contract.Chapter 1 "Introduction." This chapter asks questions.The research significance and background of the environmental protection PPP project contract are introduced,and the basic reasons for selecting the topic of the thesis are explained.By combing relevant research at home and abroad,we will provide a starting point for the study of the main issues in this article.Chapter 2 "Theoretical Basis of PPP Contracts for Environmental Protection Projects".This chapter explains the concept of the PPP model from multiple perspectives of history,theory,and regulations in Chinaand other country and introduces the type and structure of the PPP model in the environmental protection industry in China.From the point of view of general legal theory,it initially explains the basic principles of legal relations involved in the environmental PPP project contract whichlaid the theoretical foundation for the following article.Chapter 3 "Contractual Legal Disputes in China's Environmental Protection PPP Project".This chapter summarizes the problem by using empirical research methods to analyze the selected contract disputes in cases of China's environmental protection PPP projects.It concludes that the government is still weak to the understanding of contractual nature of environmental protection PPP projects.The construction of contractual legal relations is misplaced,the lack of understanding to the legal conditions of the contract,the low degree of standardization of contract text,and the big risk of legal issues,etc.lays foundation for the folllowing targeted,in-depth research and countermeasure research.Chapter 4 "Reconstructing the Contract Nature and Legal Relationship of Environmental PPP Projects".This chapter studies the contract nature of environmental protection PPP projects and and solves related issues.On the basis of reviewing different viewpoints of the PPP project contract nature and the actual predicament,a legal method of reconstructure based on the contract nature is proposed,and the PPP project contract is positioned as a civil contract.Taking this as a logicalstarting point,the type and restructuring of the legal relationship of the environmental protection PPP project contract should be carried out in order to solve the basic legal problem of the environmental protection PPP project contract.Chapter 5 "Implementing China's Environmental Protection PPP Project Contract Legislation and Related Suggestions." This chapter adopts the comparative method,on the basis of the reference to the extraterritorial legislation,focuses on the study of the typical legal issues of the environmental protection PPP project contract,proposes legislative opinions,and puts forward specific suggestions for the characteristics of environmental protection PPP projects. |
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