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Research On Legal Issues Of Environmental Administrative Contract

Posted on:2010-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:J M ChenFull Text:PDF
GTID:2166360275460496Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Currently, the human society is faced with serious environmental problems. Not a single country or region could shun off the successive environmental pollution and resource damage, which will threaten human health and survival of offspring directly. As a result, environmental administration has become one of the main functions of the government. However; the previously-used administrative method did not achieve satisfactory effect for the simpleness, enforceability and lack of communication with the administrated side. With the change of government functions, and the role of government from 'control persons' to 'service', contracts are put into use in government environmental administration. By adopting environmental administrative contract, many substantial results are achieved in foreign countries .This new method also developed initially in our country. Yet, the relative laws on Environmental Administrative Contract have not been fully established and theoretical research on it, also need to be further developed. This has become an obstacle to using and developing it. The aim of this essay is to do some benefaction for the development of Environmental Administrative Contract by analyzing the relative issue of it so as to promote the realization of sustainable development society.As for the contents, the essay, including over 30,000 letters, is composed of four parts besides introduction and conclusion. In the following passage, I am going to talk about the main ideas of each part briefly.In the part of introduction, I first illustrate the current problems in environment administration through several facts and introduce the situation of Environmental Administrative Contract home and abroad. Then I reveal the reasons and sense of the subject choice.In the first part: a brief account of Environmental Administrative Contract, I introduce the concept, essence, basic framework and features of Environmental Administrative Contract, which pause the way for the following discussion.In the second part: Environmental Administrative Contract's development, problems and legal analyze in China and point out the deficiencies of the current systems and then analyze the related laws through introducing Environmental Administrative Contract's application and development. In the third part: the development of foreign Environmental Administrative Contract system and its enlightenment for China. After analyzing Environmental Administrative Contract's specific application and experience in Japan, Europe and America, I point put the good points of the foreign model which benefits Environmental Administrative Contract and perfection.In the fourth part: the thoughts of improving Chinese Environmental Administrative Contract system, I analyze the improvement of Chinese Environmental Administrative Contract system from the aspects of basic principles, systems and redress.In the part of the conclusion, I admit the great use of Environmental Administrative Contract in environment management, and I hope the essay can arouse more scholars of Environment law to make greater efforts for the construction and improvement of Environmental Administrative Contract system which will helps to develop Chinese Environmental Law and promote the cause of environment protection.
Keywords/Search Tags:Environment, Contract, Environmental Agreement, Principle, Redress
PDF Full Text Request
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