System Research Of Environment Service Contract

“the compendium of the 13 th Five-Year Plan for the National economic and social development“ was passed on March 16 th,2016. As to the compendium, the conception of green development is very important for the construction of our comprehensive and affluent society. In the compendium they put forward several precautions to deal with the environmental issues such as strengthening the comprehensive environmental management, the innovation of environmental management conception and methods, development of environmental protection industry, Cultivating service subject, promoting energy saving and environmental protection products, supporting the Innovation of technical outfits and the service patterns, improving the policy mechanism, and enhancing the development of the energy saving and environmental protection industries. In recent years, more and more attention has been paid to environmental issues of our country at the same time the environmental protection industry has got a fast development with the government’s policy support and the demands of the market. Environmental services contract system(ESC) emerged as the times require in order to encourage the development of the comprehensive environmental industries and also explore new environmental service model more positively. In February 2012, office of Ministry of environmental protection’s published a piece of governmental document with the tile of “Environmental service industry 12 th Five-Year development plan(Draft for comment)”. As to the document, it put forward to launch a pilot project about innovation of ESC models and also encourage the main subject of environmental services market to provide environmental comprehensive services to local governments or pollutant discharging enterprises in the way of environmental services contract at the same time the main subject can charge them for the fees based on the quantifiable environmental effects they achieved. As a new environment service model,ESC will get more and more attention and also will be raised to a strategic height in improving the ecological environment and promoting the development of the environmental service industry.The environmental services contract system is a series of regulatory systems to standardize environmental services contract model. The study object of the system is the legal relationship of the environmental services contract.ESC starts earlier in foreign countries since its system is also more mature in these places and now the system is mainly concentrated in Japan, the United States and the European Union and other countries. The ESC system generally formed 3 types include voluntary environmental services agreement, government procurement of environmental services that based on the effect and business model of environmental services. The ESC system started latter in our county. Although there’s an explosion development of the system as more and more environmental problems have gradually been taken seriously recently, the ESC system in our country Urgent needs to be improved in some aspects such as the qualification of the service and policies and technical dimension of financial and tax. According to the problems that exist in the ESC system of our country, the article made a comprehensive analysis of the system.The analysis includes theory of the ESC subject, classification of law, policy problems and the theory of legal risks, besides it also made a comparison between the ESC systems of our country and abroad. Based on this comparison some improvement suggestions are put forward from the aspects of the main system of ESC, policy support and technical operation. In view of these suggestions we can seek further implementation of the ESC system, find more effective ways to solve the environmental management problems and acquire more dynamic development to the environmental service industry.