Study On The Legal Regulation Of The Water Saving Management Contract In China

Water Saving Management Contract is a water-saving service mechanism by working of market instruments.Professional Water Service Companies provide the reform of water-saving technical equipment and the latter part of water saving management for water users,and also share the water conservation benefit with the users.The contract of water-saving management is the core element of Water Saving Management Contract and it is also an agreement between water users and water saving service enterprises.The legal regulation is the main problem of Water Saving Management Contract.This article starts from the perspective of civil law,bases on water-saving management contract,and then tries to ravel out some significant problems such as legal nature,legal relations and the performance of the contract and its liability for breach of contract.First of all,the legal nature of the contract should be defined as a civil contract.The constitution of the legal relations is made up of professional water service company and water user,which is different with others.And then both of members will enjoy different rights and fulfill the corresponding obligations.Secondly,the water saving management contract is different from ordinary named contracts.It is a compound unnamed contract distinction of the work contract,the commission contract,contract for financial lease and construction contract.Thirdly,the legal regulation of the contract is in particular,because the mode of Water Saving Management Contract has its own characteristic.The conclusion,performance,alteration,release and breach of the contract should follow corresponding rules.At present,in our country,the water saving management contract is in the blank area.It is confronted with many issues.For example,the relevant laws and regulations are too principled and the nature of the contract is unclear.In my views,there are several solutions to solve the problem above.We can bring water saving management contract into the civil law system and provide the necessary legal support in order to promote the improvement of the Water Saving Management Contract.