The Legal Problems Of Regional Environmental Cooperation Agreement And Its Countermeasures

With the development of regional economic integration,many executive orders to integrate the administrative resources and common development signed a series of cooperation agreement cooperation agreements which we call "executive agreement."In view of the consensus of the executive body for the overall advancement of environmental issues,more and more government adopt the administrative agreement of environmental protection.At present,the academic research on the administrative agreement is already quite mature,but they are more concentrated attention on points at the macro level ontological research,and lack the classification research.I found during the literature search,academic researches on the administrative agreement of environmental protection are few.The administrative agreement of environmental protection as an important kind of administrative agreement has different target value distinguished other administrative agreements,is worth of our in-depth inquiry.by means of an empirical analysis,this paper intend to find the problems of the administrative agreement of environmental protection,then,put forward specific suggestions on this basis,in order to improve the system of the administrative agreement of environmental protection.This article includes the following four parts:The first part is the basic theory.This section describes the meaning and features of the administrative agreement of environmental protection,and its ideological foundation.Its main feature is the specific nature of the subject,the consistency of consultations,voluntary participation and specialized content.Its ideological basis includes environmental justice,sustainable development and environmental protection principles of cooperation in three aspects.The second part analyzes the necessity and legitimacy of the administrative agreement of environmental protection.On one hand,the paper rejects the two basic academic thinking;on the other hand,from the perspective of soft law demonstrate its legitimacy.Necessity is mainly decided by the characteristics of the environment,state of the environment as well as administrative agreement unique features.The third part is the practices and problems of the administrative agreement of environmental protection.Firstly,in this section,I select some representative texts of the administrative agreement of environmental protection to analyze,for example,<Pearl River area of environmental protection regional cooperation agreement>,<The regional environmental cooperation agreement of Chengdu Economic Zone>and<The special environmental protection cooperation agreement of Guangzhou Foshan Zhaoqing>,then,sum up the problems of the administrative agreement of environmental protection in cooperation matters,partner organizations,dispute resolution and the effectiveness of the provisions,finally,analyze the reasons for the following apart.These reasons mainly include the following aspects:1.Local protectionism hamper the regional environmental cooperation;2.Performance Evaluation System hamper the regional environmental cooperation;3.the administrative division of institutional hamper the regional environmental cooperation;4.the conclusion of the regional environmental cooperation agreement administrative lack of public participation;5.The Regional Administrative agreement lacks legal regulation.The fourth part is to improve the regional environmental agreement system of administrative recommendations.For the problems in practice of the regional environmental agreement system,put forward some countermeasures from the five aspects of the administrative system,protocol mechanisms,dispute settlement mechanism,management mechanism and legal protection mechanisms.