Research On Legal Issues Of Environmental Administrative Contracts

China,as the fastest growing economy,is facing a great challenge of energy saving and emission reduction.Taking traditional command-style management measures is far from desired to achieve economic and social development and negative growth in resources and energy consumption.Through learning from foreign experience,taking market-oriented policies and measures in energy saving and emission reduction is imperative.Therefore,environmental administrative contract,the brand-new environmental governance measure emerges at the right time.It specifically refers to an environmental protection contract signed by government's environmental protection departments and environmental organizations.In the contract,respectively responsibilities of both parties in environmental protection are clarified and their rights and obligations are divided in details so as to achieve the goal of improving environment by conducting a series of environmental protection activities.In developed countries such as Germany and America,the environmental administrative contract is applied to environmental governance and has reached good results.It not only has solved the problem of too single administrative means but also has greatly motivated the enterprises' initiative of saving energy and resources to actively protect the natural environment.As a result,environmental protections departments of various countries attach great importance to the environmental administrative contract.Meanwhile,in the early 21 st century,China has gradually established a legal system of environmental protection with Chinese characteristics,promoting the environmental administrative contract practice in many cities successively and having gained good environmental and economic performance.However,the practice is mainly focused on the field of energy saving and narrow in the scope.Chinese theoretical research on the legal system of the environmental administrative contract has a relatively late start and hasn't established a specialized legal system on the environmental administrative contract.In particular,the study on the specific problems of the legal system of the environmental administrative contract is insufficient.All these questions are restricting the rapid and healthy development of the environmental administrative contract in China.In the writing of this paper,I adopt methods of comparison and induction to conduct research.First,the paper narrates briefly the basic theory of the environmental administrative contract.Second,by an introduction of background and application of the environmental administrative contract in countries such as Japan and developed countries in Europe and America and a comparison with the general situation of development at the current stage of the domestic environmental administrative contract,it can be seen that there are still many problems in law and system.For example,contract making system is deficient;rules and regulations of administrative prior rights are deficient;the benefits of the third party are not guaranteed;motivation measures are too single and relief system besides administration of justice is vacant.Finally,by learning successful foreign practice experience and combining lessons in pilot enterprises in our country,I believe that it is necessary to improve the building of legal system of the environmental administrative contract.In the application of this governance measure of the environmental administrative contract,the contract making method and specific jurisdiction should be clarified and rules and regulations of administrative prior rights should be correctly established so as to gain a balance between public interests and private interests.In addition,we should enhance relevant guarantee mechanism in the benefits of the third party in the environmental administrative contract in China and promote illustration and credibility of the environmental administrative contract.For reference,the foreign consultative machinery in the environmental administrative contract is the embodiment of the public participation principle in public policies which is an important supplement to the traditional mandatory management measures.What's more,we should clarify motivation policies of finance and tax in the environmental administrative contract and improve the relief system besides administration of justice.