On The Institutionalization And Standardization Of Environmental Public-private Partnership

The environmental public-private partnership system,as an important system for the government to improve environmental protection performance and the provision of environmental services,has its roots in the profound reflection on the limited nature of government macroeconomic regulation and market resource allocation in the environmental field,and reflects the promotion of cooperation measures between the government and social capital.Environmental governance and environmental public services,new ideas for achieving sustainable use of resources and even green development.With the evolution of China’s environmental law theory and practice from environmental control to environmental good governance,and the current situation of increasing environmental crisis,the scope and scale of environmental public-private partnerships have begun to expand.They are reducing environmental administrative costs and improving environmental service quality and balance.Diversified environmental interests play an increasingly important role.How to use public-private cooperation as a means to promote ecological protection and green development has become the theme of the times in the development of environmental law in China.It has very important theoretical and practical values.At the same time,this is also a legal response to the reform of the ecological civilization system that has been proposed since the 18th National Congress to reverse the deterioration of the ecological environment,as well as the strategic goals set by the 19th National Congress of the People’s Republic of China to uphold the harmony between people and nature and promote green development.Institutional inquiry.It is based on the above thinking and understanding that this paper takes the environmental public-private partnership system as the research object,and focuses on the institutionalized selection and normalization of environmental public-private cooperation.From the practice investigation and analysis to the exploration of theory and solutions to the study of the normative structure,taking the environmental public-private partnership legal relationship as the starting point,combining the special features of environmental governance and environmental public services,the changes in the government’s environmental administrative tasks and environmental administrative functions,and the Chinese context Under the risk and dilemma of the cooperation between the government and social capital,research on the institutional choice,legal analysis and normative construction of environmental public-private cooperation is conducted in order to promote China’s current legal environment for public-private cooperation due to lack of awareness and regulatory vacancy,and improve China’s environmental protection effectiveness.Apart from the introduction and conclusion,this article consists of five chapters.The first part of the introduction explains the research background and significance of this topic.At the same time,it also summarizes and analyzes the relevant research results of the current theoretical circle;it briefly introduces and describes the research ideas,the research methods used,and the innovations of this article.The first chapter expounds the basic background of public-private cooperation and the institutional choice of environmental public-private cooperation.First of all,it gives a descriptive introduction to the concept and origin of public-private cooperation,and combines the special needs of social and environmental issues arising from public-private partnerships,and analyzes the integration of environmental public-private partnership institutionalization with current environmental public needs.Secondly,it discusses the scope and main characteristics of environmental public-private cooperation,and sorts out the main body and scope of environmental public-private cooperation and the applicable fields,clarifying the connotation and extension of environmental public-private cooperation studied in this paper;The main features of public-private partnerships,such as the target environment public welfare,subjective consensus,and the complexity of social relations,are summarized and combed.Finally,a descriptive introduction to the concepts,actions,and institutionalization process of public-private partnerships at home and abroad,and comparisons and analysis of the correlations and differences between environmental public-private partnerships and environmental governance,environmental public services,and environmental service government procurement.The second chapter discusses the theoretical basis and legal theory of environmental public-private cooperation system.Through summarizing the theoretical basis of environmental public-private cooperation system,it mainly includes ecological civilization theory,cooperative governance theory and cost-benefit analysis theory.Provide a pluralistic theoretical foundation system for the construction of the environment in the public-private partnership,and analyze the legitimacy and inevitability of the institutionalization of environmental public-private cooperation from the perspective of legal theory.Combining the large-scale background of the welfare administration and the contract administration,the expansion of the environmental administrative tasks in modern countries,the cooperation of administrative Trends and Contracts of Administrative Tasks,and Environmental Governance Models Demonstrating from Three Levels of Governance from "Enlargement of Power" to "Decentralization".The third chapter demonstrates the necessity and feasibility of the institutionalized choice of environmental public-private cooperation.Firstly,the necessity of environmental public-private cooperation system selection is analyzed from the current social security needs of ecological security and green development,the lack of institutional environmental governance and the institutionalization of environmental public services,and the advantages of environmental public-private partnerships in the functional reinforcement of environmental administration;The feasibility of choosing environmental public-private partnerships in the environment is described through the introduction of successful experiences in the environmental and public-private partnerships in foreign countries and the applicable fields and practices of public-private cooperation in the domestic environment.The fourth chapter analyzes and discusses the public(private)private(legal)joint governance and normative path of environmental public-private cooperation.First,we will sort out the content and classification of environmental public-private partnership legal relations.Since the legal relationship and the specific laws and the legal normative system are the two sides of the relationship,clarifying them is the precondition for the legal construction of the public-private cooperation in the environment and the improvement of the rule of law.It analyzes the subject,object,content of rights and obligations,and the legal norms involved in the legal relationship of environmental public-private partnerships,and classifies the legal relationship between environmental public-private partnerships.Secondly,from the maintenance of the public-private objectives of environmental public-private partnerships,and the mutual benefits of environmental public-private partnerships,we analyze the choices of public policy regulation and private law regulation in environmental public-private cooperation.Based on the analysis of the existing regulations,the standardized path for environmental public-private cooperation is further categorized into three categories:The norms of public law with the supervision and supervision legal system as the core,the private law norms with the public-private contract system as the core,and the procedural laws with the safeguard and relief system as the core.The fifth chapter elaborates on the detailed specification of environmental public-private cooperation.This chapter is the focus of the dissertation,which mainly includes three parts:The first part is the construction of public law norms for supervision and supervision of environmental public-private cooperation.First of all,from the aspects of administrative supervision and social supervision of environmental public-private cooperation,the analysis of public-private norms of environmental public-private cooperation is conducted.Secondly,the standardized requirements of administrative supervision and social supervision under the environment of public-private partnerships are explained,and the existence of supervision and supervision standardization is analyzed and sorted out.A number of key issues were discussed.Finally,the system of administrative supervision and social supervision of environmental public-private cooperation was discussed.The second part is the structure of the private law of environmental public-private cooperation contracts.First of all,it analyzes the purpose of cooperation,partners,partners,cooperation standards,and the distribution of power and responsibility in environmental public-private cooperation contracts;secondly,it analyzes the legal nature of environmental public-private cooperation contracts;finally,the subject qualifications and legal status of environmental public-private cooperation contracts are benefited.The normative content of specific allocations such as rights,rights,and so on are discussed.The third part is the procedural code structure of environmental public-private cooperation guarantee and relief.Firstly,it analyzes several problems in the protection of environmental public-private cooperation,and based on the reality of risk prevention and harm relief,it needs to define the applicable conditions of the procedural norms of environmental public-private cooperation,and discusses in detail the v.relief system and facility relief system.The final part is the conclusion.Mainly on the basis of the foregoing content,the main points of this article and innovation points are summarized and refined.At the same time,the limitations and deficiencies in the research are summarized and reviewed.