A Study On Obligation Bearer Of Environmental Right

China has been focusing on resolving outstanding environmental problems like environmental pollution, ecological damage, and waste of resources. PPP(Public-Private-Partnerships), as a new cooperative model in basic infrastructure construction and the provision of public services, has been widely promoted. And this means that the proportion of the subjects’ obligations will change due to the application of PPP model, so does the rights of the subjects who enjoys environmental interests. This thesis adopts literature analysis method and sets out to explore the obligation bearer in PPP projects based on the analysis of theoretical foundation of the obligation bearers of environmental rights(including the externality theory and the environmental ethics), the principles in determining the obligation bearers of environmental rights(including the "polluter pays" principle, the "benefit sharing" principle and the " the stronger bears first and shares equally" theory).This research analyzes the obligation bearer of the right to know environmental information and that of the right to use the environment, as well as the obligations that should be assumed by the subjects concerned in PPP projects, combining the development situation of PPP model in China with the environmental theory in the academic circle. The obligatiion bearer of the right to know environmental information in PPP projects includes the public sector and the construction company. In terms of the realization of the right to know environmental information, the author suggests that the public sector should actively broaden the feasible channels and ways for relative parties to gain access to the environmental information, provide accurate environmental information to the party of social capital. Meanwhile, the private sector should improve the content and the way of unveiling environmental information, refine the unveiled environmental information mechanism, strictly abide by the related laws and regulations, and improve the public participation system. Moreover, on the aspect of the right of environmental use, the obligation bearer involves the public sector and the party of the social captial. The public sector is the obligation bearer, the policymaker of harmless discharge standard, the leader of environmental governess, and the supervisor and supporter of the environmental management; the private sector is both the bearer of the right of environmental use and the obligation bearer, it is the law observant, and the executor of on-site environmental management. Therefore, consensus should be reached on the potential environmental risks between the public sector and the private sector and both parties should have a correct understanding of its roles in the PPP projects. Taken the above-mentioned as basis, the author proposes that items in PPP agreements should stick to three principles: equal importance should be attached to the enterprises’ right of environmental use and that of the citizens’; equal stress should be laid on enterprises’ s obligation of environmental management and that of the government’s; equal importance should be attached to the dealing of the right of environmental use and the criterion of the laws and regulations. To protect the right of environmental use, firstly, the public sector should provide necessary material condition and policy support. Secondly, the private sector should be wholly responsible for the on-site environmental management and the public sector, the overall oversight and direction.