| In recent years,environmental problems have intensified,and the problem of waste siege has gradually entered the public eye.In order to solve the dilemma brought by garbage siege to human living environment,the state has introduced a public and private partnership model in the field of waste disposal,namely PPP.In 2017,the Ministry of Finance,the Ministry of Housing and Construction,the Ministry of Agriculture and the Ministry of Environmental Protection jointly issued the Circular on the full implementation of the PPP Model in sewage and garbage disposal projects with the participation of the Government,which calls for the mandatory use of the PPP model in the field of garbage disposal.At present,there are 241 items of domestic waste disposal in the project of PPP center project management warehouse of the Ministry of Finance,which are concentrated in the stage of garbage disposal,and the disposal mode is mainly waste incineration and power generation.Therefore,this paper mainly studies the operation of PPP project in garbage disposal stage.Some related cases show that the contract disputes of domestic waste treatment PPP project can not be solved in time,the construction of waste treatment plant is blocked by the masses,the emission of incinerated smoke exceeds the standard,and waste ash is stacked everywhere,resulting in secondary environmental pollution.In view of these problems,it is found that the legal nature of garbage disposal PPP project contract is not clearly defined,the guarantee mechanism of public environmental information right to know is not perfect,and the government environmental protection supervision system is not perfect.Therefore,it is urgent to strengthen the legal regulation of garbage disposal PPP model.The core of PPP project operation lies in PPP project contract.Defining the nature of garbage disposal PPP project contract is the basis of resolving contract disputes.Because the contract legal relationship under the garbage disposal PPP mode has both civil and administrative attributes,it is advocated that the PPP project contract should be characterized as a civil contract with administrative nature,and the dispute involving the legal relationship between garbage disposal cooperative services is a civil case.The disputes involving the legal relationship between the government and the supervision of the government belong to administrative cases.In order to prevent citizens from blocking the construction of garbage treatment plants,it is necessary to improve the information disclosure system of garbage disposal PPP projects and use compulsory information disclosure to disclose the environmental information involved in the project in real time.When the subject of information disclosure violates the obligation of information disclosure,it shall bear the liability for breach of contract arising from breach of PPP project contract.To reduce the secondary pollution caused by waste incineration PPP project,government supervision is the first line of defense,and strengthening the government's environmental supervision of waste disposal PPP model is an indispensable link.It advocates expanding the scope of the supervision subject of garbage disposal PPP project,with particular emphasis on the environmental protection supervision obligations of urban management departments and environmental protection departments,running through all links of the project operation,and the garbage disposal capacity of the project.The discharge of pollutants shall be supervised in an all-round way.The principle of consistency of power and responsibility requires that the law should not only give the government supervision power,but also strengthen the administrative responsibility of the government due to the improper exercise of its functions and powers. |
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