On The Legal Regulation Of Public-Private Cooperation In Environmental Governance In China

In recent years,the environmental governance is not only become an important content of national governance,governance capability has become the measure of modernization of the key factors.From the constitutional text analysis,environmental governance state obligations,as the logic starting point,the state as the main undertaker of environmental governance task,is still in the preliminary results on environmental governance performance,but there are still limited,professional interests and their insurmountable internal defects,such as the trust crisis is difficult to deal with the complexity of the rapidly by day worsening ecological environment problems.Therefore,the single national environmental governance mode began to change,and the country began to explore and cooperate with social subjects to manage the environment.In order to carry out the research on the "explanation theory" of public and private cooperation in environmental governance,the first problem that needs to be solved urgently is the scope of application of public and private cooperation in environmental governance.In on the way to apply a public-private governance environment factor analysis,on the basis of preliminary excluded by listing way cannot apply public-private cooperation method for the specific scope of the governance environment,especially for the law shall not be entrusted by the administrative behavior and of the environmental risk to pay administrative behavior,law must be retained.In clear environmental governance scope under the premise of public-private partnerships,the implementation of the public-private partnership path problem facing this kind of environment governance,its mainly through public or private agreement concrete implementation,main show is contracting,franchising and administrative commission,at the same time,also want to clear private protocol specific performance of the key links in the process of legal issues,for the specific implementation of public-private partnership to provide environmental governance practice reference.Public-private after signing the agreement,the new environmental governance public-private legal relationship is formed,due to the above judgment more easily in the legal relationship object,content,and have been doing in this paper,this article will focus on the main discussion,and because of country is the constitutional obligation subject environmental governance,this article mainly from the dimension of private subject,specific include: environmental governance public-private partnerships in private subject selection problem,how to maintain the equal competition in participating in administrative tasks relationship problems,can when cannot continue to complete or in person to complete the task to convert the main body of the problems.At the same time,the legal relationship between public and private partners in environmental governance presents a multi-dimensional network structure.The final point of the study on the regulation of public and private cooperation law on environmental governance should be placed on the legal liability.Generally speaking,it presents a feature of the staggered public and private liability.In environmental governance in the process of the implementation of the public-private partnership,if the possibility of damage the legitimate rights and interests of others,partnerships between the public and private subject responsibility form than general liability form will be changed,mainly concentrated in two aspects,the supervision and responsibility and compensation responsibility for specific performance in private law dual aspect of legal liability.Based on the above research,it is expected to provide a normative analysis idea for the public-private partnership of environmental governance in China,so as to achieve the benign legal regulation goal of public-private partnership of environmental governance.