Research On The Regulation Of Administrative Priority Right Of Voluntary Environmental Agreement

Around the change of global energy,China has put forward the solemn commitment of "double carbon",which is not only a milestone for China’s development,but also of global value.If we want to achieve carbon offset,carbon sequestration and rule of law,it is the most powerful means to promote the "double carbon" goal and green development.Facing the current situation of weak laws and regulations on carbon emission in China,it is of great significance to apply the voluntary environmental agreement to facilitate the realization of this goal.Voluntary environmental agreements between the government and enterprises aim to be higher than the legal environmental standards,and the executive branch provides economic incentives for enterprises to implement environmental public policies,then the necessary administrative power can guarantee the realization of this goal.With 2003 Shandong iron and steel industry energy-saving voluntary agreement as the symbol,although the pilot work is constantly advancing,but little effect.For Enterprises,the administrative privilege is the potential power of the government,which affects their enthusiasm to participate in the voluntary environmental agreement.Under the guidance of the concept of incentive,some government departments avoid exercising the right of administrative priority and even the right of supervision and command,which is conducive to the realization of the goals of voluntary environmental agreements,this runs counter to the original purpose of the voluntary environmental agreement.Therefore,it is of theoretical and practical significance to study how to regulate the administrative privilege of voluntary environmental agreement and leave room for its exercise.In addition to the introduction,this article consists of the following five parts:The first chapter is the introduction of the administrative privilege of the voluntary environmental agreement.Firstly,according to the newly issued judicial interpretation,the nature of voluntary environmental agreement is administrative agreement,which is the application of administrative agreement in the field of environment.Secondly,it is found that the environmental administrative contract can not include the characteristics of the voluntary environmental agreement,pointing out that the voluntary environmental agreement is a special environmental administrative contract,and summarizing the meaning of the voluntary environmental agreement.Finally,based on the mature content of administrative privilege in France,the meaning of administrative privilege in voluntary environmental agreement is defined according to the current situation of legislation in China.The second chapter discusses the legitimacy of the existence of administrative privilege in voluntary environmental agreement by combining theory with practice.By analyzing the particularity of administrative privilege,voluntary environmental agreement and environmental rights and obligations,it is necessary to regulate administrative privilege in voluntary environmental agreement.The third chapter is the problem and analysis of the exercise of administrative privilege in voluntary environmental agreement.In the context of the urgent need to expand the scope of application of voluntary environmental agreements,this chapter summarizes the applicability of the legislative norms of administrative privilege to voluntary environmental agreements and the pilot situation of voluntary environmental agreements in practice,it is concluded that the administrative privilege of the voluntary environmental agreement faces the dilemma of "Stuck in the Middle" and "losing ground".The fourth chapter explores the theoretical basis of administrative law for regulating the administrative privilege of voluntary environmental agreement.First of all,the fundamental reason why the administrative privilege of voluntary environmental agreement is in an awkward position is the conflict between the public interest of environment and the interest of enterprises.Therefore,the balance theory is taken as the basic theoretical basis to regulate the administrative preferential rights.Secondly,the government,as the subject of power,should be guided by the theory of administrative self-control to regulate its own behavior.Finally,the theory of environmental multi-governance under the guidance of the rule of law can provide a sound basis for the establishment of the voluntary environmental agreement system.Under the guidance of relevant theories,this paper puts forward the perfect way to regulate the administrative privilege of the voluntary environmental agreement.Firstly,at the legislative level,the content of administrative privilege and environmental public interest of voluntary environmental agreement are regulated in the form of administrative normative document.Second,establish a pluralistic governance structure with executive branch,enterprises and third party organizations as the main body.Thirdly,according to the methods of administrative agreement dispute settlement and the characteristics of administrative privilege of voluntary environmental agreement,a dispute settlement mechanism based on consultation and administrative litigation is established.