Legal Research On Environmental Public-private Cooperation Governance Model

Environmental public-private partnership governance model refers to the application of government and social capital cooperation model in the field of environmental protection,with the aim of developing public welfare undertakings of environmental and ecological protection.From the perspective of law,improving the governance model of environmental public-private cooperation is conducive to promoting the healthy and orderly development of the governance model of environmental cooperation,improving the efficiency of environmental governance,thus protecting the environmental rights and interests of the public.At present,however,there are practical difficulties in environmental public-private partnership governance in China,which are mainly manifested in the following aspects: the widespread phenomenon of neglecting operation in environmental cooperative governance,the difficulty of applying law to dispute resolution of environmental cooperation agreements,and the lack of attractiveness of environmental cooperation projects to social capital.There are three main legal reasons for this dilemma: from the legislative point of view,there are conflicts between the relevant legal norms of environmental cooperative governance,unreasonable substantive provisions and absence of relevant supporting legal systems;from the law enforcement level,the division of powers and responsibilities of the law enforcement subjects in environmental cooperative governance is not clear,the law enforcement is not standardized and the supporting law enforcement measures are imperfect,and the professional quality of the law enforcement team is not high.Finally,from the judicial level,the definition of environmental cooperation contract is not clear in the legal norms and theoretical circles,which makes it difficult to apply the law to the settlement of environmental cooperation agreement disputes.Therefore,correspondingly,we should improve the model of environmental cooperation governance from three aspects: legislation,law enforcement and dispute resolution.In the aspect of legislation,we should solve the conflicts between legal norms,improve the substantive provisions of environmental cooperation norms,improve the terms and systems of tax preferences,project financing and project withdrawal,and encourage social capital to participate in environmental cooperation projects;in the aspect of law enforcement,we should set up relatively independent specialized supervision agencies forpublic-private cooperation,and improve the supporting system of law enforcement in environmental cooperation.for example,the formulation of public-private partnership project performance management measures and specific provisions for temporary government takeover of environmental projects.In the aspect of dispute resolution,first of all,it is clear that the environmental cooperation contract should be an administrative agreement,secondly,it should standardize the administrative litigation procedure of environmental cooperation agreement disputes,and finally strengthen the application of non-litigation dispute resolution mechanisms such as consultation and mediation.