Study On Environmental Facilities Franchise Legal System

In our country, with the development of market economy, the negative impact on the living environment also follow close on succession, a large number of sewage and garbage pollution in the environment at the same time, also bring inconvenience to the public life, at the same time, it will restrict the sustainable development of China’s economy. In such a context, the construction of environmental infrastructure is more important. However, the construction of environmental facilities needs to invest a lot of money, so the financing became our first consideration. In recent years, the franchise system of environmental facilities has been a certain degree of development;countries have begun to encourage private capital to enter the field of environmental facilities. The market of environmental protection not only alleviate the financing pressure, and opened up a new path of a public-private partnership for environmental services; to improve the administrative efficiency of the government at the same time,more in line with the social public expectations on the work of the government. In recent years, local governments have also been put forward the "municipal utility franchise Ordinance", which involves the provisions for environmental facilities franchise has gradually become the mainstream of China’s environmental services industry reform, has gradually been the accepted and used by more provinces and cities, and achieved good economic benefit and social effect. The environmental facilities in the area of the franchise system, its development prospects, its development impact on the idea of environmental services business in our country tradition, is caused by the media, the public and the academic circles. But the environment facility project is still in the primary stage of marketization, privatization,the system of laws and regulations related to our country is not perfect, the lack of maneuverability, the legal level is low, lack of legislative provisions, such as the old crude. In order to meet the needs of the market environment and facilities operation,China’s environmental laws and policies should be coordinated with the development.In this paper, an overview of the environmental facilities franchise, mainly expounds the environment facilities and franchise concept, give the analysis of legal relation and characteristics, environmental facilities franchise mode and environmental facilities in the franchise system. At the same time, the nature of the environment facilities of franchising activities, the author analyses the three kinds of viewpoints in the mainstream and the author agree with the view. Secondly, thisreference to the western countries, the relevant provisions of the environmental facilities franchise in Anglo American law system as well as the Asian region, and summarizes the experience. After on the basis of this, combined with the practice of China’s current environmental facilities franchise area, analyze the shortage of legislation on the legal loophole, is discussed in the environment facilities franchise field appeared. Finally, in view of the loopholes in the law, put forward the legislative mode and approach of improving the environment and facilities of the franchise system, as well as specific legal advice.