Study On The Incentive Measures Of Volunteer Environmental Agreements

At present,China's environmental problems have entered a period of concentrated outbreak,and the contradiction between environmental protection and economic development is becoming more and more prominent.We need a system that can meet the dual requirements of economic development and environmental protection,and overcome the limitations of traditional command-control and market-based environmental regulation methods.In the third generation of environmental regulatory tools,voluntary environmental agreements are considered as an important direction for future environmental policies.Voluntary environmental agreements started in the 1950 s and 1960 s and were gradually adopted by developed countries in Europe and America in the field of environmental regulation after the 1970 s.A large number of practices have proved that the system is effective.Voluntary environmental agreement was introduced into China at the end of 1990 s,but it is still in the stage of preliminary legislation and theoretical research in China.Among the many elements of voluntary environmental agreements,incentive measures are the key to the implementation of voluntary environmental agreements,and are considered as the core part of voluntary environmental agreements by scholars.This paper focuses on this topic.This paper is divided into five parts to study the incentives of voluntary environmental agreements:In the first part,the author introduces the concept,types and functions of voluntary environmental agreements,and expounds the nature of their administrative contracts.In the second part,the author analyzes the theoretical basis of incentive measures for voluntary environmental agreements--balance theory in administrative law and positive externality theory in environmental law,so as to prove that incentive measures are the key to the implementation of voluntary environmental agreements.In the third part,the author introduces the voluntary environmental agreement systems of Japan,Germany,the Netherlands,Denmark and the United States,and analyzes the experience and deficiencies of the voluntary environmental agreement systems abroad.The fourth part,the author and the pilot work of our country's legislative policy detailed introduction,tries hard to incentives to the voluntary environmental agreement has carried on the induction,the problems of weak mainly include lack of legal basis,economic incentives and economic incentives type single,lack of incentives mechanism.In the fifth part,based on the above discussion and the existing problems of this system in China,the author puts forward some Suggestions to improve the incentive measures of voluntary environmental agreements in China.Second,increase the intensity of economic incentives,including focusing on fiscal policy tools,making full use of environmental tax tools and reducing the cost of the agreement;Third,a comprehensive use of various non-economic incentives,such as strengthening environmental information disclosure and requiring the government to provide technical support and information services;Fourthly,a guarantee system for incentive measures should be constructed,which includes clarifying the rights of enterprise subjects and introducing the mechanism of public participation.