Research On The Establishment Of Environmental Contract System In China

With the development of economy, resource consumption and environmental pollution problems have become increasingly prominent. The emergence of environmental contract creat a new、flexible and efficient means to solve those problems, including resources development and utilization, the subsequent schemes of payments and pollution elimination. Currently, the study on the nature of environmental contract, what principles should be used and how to remedy in environmental contract is not mature. The environmental contract system has not yet become a widely means used to solve the environmental problems.In view of this situation, started from the basic theories of the environmental contract, and by the comparison and analysis of the concept of environmental contract, this essay characterizes this contract as a new type of contract. Then the article made a elaborate analysis on the characteristics and the values> object and subject of the environmental contract.In the second chapter, based on the practical exploration, three typical types of environmental contracts---water rights transaction contract, emission trading contract and pollutant management contract will be analysized. Then the advantages and disadvantages will be summerized.In the third chapter, through the comparative analysis of the practice and theory reserach on the Japanese "pollution prevention agreements", America’s "project XL" and Dutch environmental contract, some useful and valuable experience will be extracted to establish Chinese environmental constract system.In the last chapter, principles of sustainable development, public participation and limited contract freedom will be emphasized on the establishment of the environmental contract, then some shallow suggestions will be proposed on the establishment and effectuatim of contracts, as well as on the contract interpretation and relief.