我国环境行政合同理论与实践研究
发布时间：2018-10-12 08:38
【摘要】： 环境行政合同的出现是对传统行政法理论的发展。传统行政法采取高权行政模式,把“命令”与“控制”作为行政管理的唯一手段,而实践中这种高权行政取得的实效并不理想,它容易引起行政相对人的抵触,同时行政主体掌握的信息是有限的,最终便会导致包揽越来越多,统揽却越来越显得力不从心,其结果也不一定最符合环境行政管理目标。显然,原有的方法已跟不上形势的发展,人们便开始寻找更有助于解决问题的方法,环境行政合同将民事合同的协商精神引入行政管理,尊重双方意愿,对解决一些环境问题有自己独特之处,已为世界上不少国家所采用。 目前,理论界对环境行政合同制度研究的还不是很多,多集中于环境行政合同的概念、特征、功能,但包括这些问题在内的很多基础理论问题至今尚并未达成共识,对环境行政合同制度的完善研究较少。本文在探讨环境行政合同一些基本理论问题的基础上,分析我国环境行政合同的发展现状,在已有研究成果的基础上,提出了一些完善的建议。文章共分四个部分： 第一部分,环境行政合同概述。本部分探讨环境行政合同产生与发展的社会背景,环境行政合同的概念、特征、分类。目的在于对环境行政合同有一个基本的认识,为下文的论述奠定理论基础。 第二部分,主要国家和中国台湾地区的环境行政合同。本部分介绍日本的公害防止协定、美国的卓越环境引导方案、法国、德国、荷兰的环境行政合同及我国台湾地区的环境保护协定,并总结出一些共同特点,以说明环境行政合同已经在世界范围内得到广泛应用,同时为我国环境行政合同制度的运行提供参考与借鉴。 第三部分,环境行政合同的性质与价值分析。在对环境行政合同有了一个基本认识并了解了国外环境行政合同的运行状况之后,总结出环境行政合同的价值从而证明其在我国有得到进一步发展的必要,而对其性质的认定不仅是为了进一步认识环境行政合同,对其在实践中的运行也有重要作用,也是在解决合同争议时所必须明确的前提。 第四部分,我国环境行政合同制度的现状及完善建议。梳理我国环境行政合同的发展脉络,探究我国环境行政合同制度在实践中存在的问题,并结合我国国情及国外先进经验提出完善我国环境行政合同制度的建议。 环境行政合同制度在我国已经得到较为的广泛运用,理论的不完备导致实践中出现的问题得不到很好的解决,本文研究环境行政合同基本理论并结合国外先进经验,希望能够对我国环境行政合同制度的运行和发展提供一点借鉴。
[Abstract]:The appearance of environmental administrative contract is the development of traditional administrative law theory. The traditional administrative law adopts the mode of high-power administration and regards "command" and "control" as the only means of administrative management. However, in practice, this kind of high-power administration has not achieved ideal results, and it is easy to cause the administrative counterpart to resist. At the same time, the information of administrative subject is limited, which will lead to more and more collection, but the result is not necessarily the most consistent with the goal of environmental administration. Obviously, the original method has not kept pace with the development of the situation, so people began to look for a more helpful solution to the problem. The environmental administrative contract introduced the spirit of consultation of civil contract into administrative management and respected the will of both sides. To solve some environmental problems have their own unique, has been adopted by many countries in the world. At present, there is not a lot of research on the environmental administrative contract system in the theoretical circle. Most of them focus on the concept, characteristics and functions of the environmental administrative contract. However, many basic theoretical issues, including these issues, have not reached a consensus so far. There is little research on the perfection of environmental administrative contract system. On the basis of discussing some basic theoretical problems of environmental administrative contract, this paper analyzes the development of environmental administrative contract in China, and puts forward some perfect suggestions on the basis of the existing research results. The article is divided into four parts: the first part is an overview of environmental administrative contracts. This part discusses the social background of the emergence and development of environmental administrative contract, the concept, characteristics and classification of environmental administrative contract. The purpose is to have a basic understanding of the environmental administrative contract and lay a theoretical foundation for the following discussion. The second part, the environmental administrative contract between the main country and Taiwan area of China. This part introduces the environmental pollution prevention agreement in Japan, the excellent environmental guidance program in the United States, the environmental administrative contract in France, Germany and the Netherlands, and the environmental protection agreement in Taiwan, and summarizes some common features. In order to explain that the environmental administrative contract has been widely used in the world, at the same time, it provides reference and reference for the operation of the environmental administrative contract system in our country. The third part analyzes the nature and value of environmental administrative contract. After a basic understanding of the environmental administrative contract and understanding of the operating status of the foreign environmental administrative contract, the value of the environmental administrative contract is summarized to prove that it is necessary for its further development in our country. The recognition of its nature is not only in order to further understand the environmental administrative contract, but also plays an important role in the practice of the operation, but also in the settlement of contract disputes must be a clear premise. The fourth part, our country environment administrative contract system present situation and consummates the proposal. This paper combs the development of environmental administrative contract in our country, probes into the problems existing in the practice of environmental administrative contract system in our country, and puts forward some suggestions to perfect the environmental administrative contract system of our country in combination with the national conditions of our country and the advanced experience of foreign countries. The environmental administrative contract system has been widely used in our country, and the problems in practice can not be solved well due to the incompleteness of the theory. This paper studies the basic theory of environmental administrative contract and combines the advanced experience of foreign countries. Hope to provide some reference for the operation and development of environmental administrative contract system in China.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
本文编号：2265487
[Abstract]:The appearance of environmental administrative contract is the development of traditional administrative law theory. The traditional administrative law adopts the mode of high-power administration and regards "command" and "control" as the only means of administrative management. However, in practice, this kind of high-power administration has not achieved ideal results, and it is easy to cause the administrative counterpart to resist. At the same time, the information of administrative subject is limited, which will lead to more and more collection, but the result is not necessarily the most consistent with the goal of environmental administration. Obviously, the original method has not kept pace with the development of the situation, so people began to look for a more helpful solution to the problem. The environmental administrative contract introduced the spirit of consultation of civil contract into administrative management and respected the will of both sides. To solve some environmental problems have their own unique, has been adopted by many countries in the world. At present, there is not a lot of research on the environmental administrative contract system in the theoretical circle. Most of them focus on the concept, characteristics and functions of the environmental administrative contract. However, many basic theoretical issues, including these issues, have not reached a consensus so far. There is little research on the perfection of environmental administrative contract system. On the basis of discussing some basic theoretical problems of environmental administrative contract, this paper analyzes the development of environmental administrative contract in China, and puts forward some perfect suggestions on the basis of the existing research results. The article is divided into four parts: the first part is an overview of environmental administrative contracts. This part discusses the social background of the emergence and development of environmental administrative contract, the concept, characteristics and classification of environmental administrative contract. The purpose is to have a basic understanding of the environmental administrative contract and lay a theoretical foundation for the following discussion. The second part, the environmental administrative contract between the main country and Taiwan area of China. This part introduces the environmental pollution prevention agreement in Japan, the excellent environmental guidance program in the United States, the environmental administrative contract in France, Germany and the Netherlands, and the environmental protection agreement in Taiwan, and summarizes some common features. In order to explain that the environmental administrative contract has been widely used in the world, at the same time, it provides reference and reference for the operation of the environmental administrative contract system in our country. The third part analyzes the nature and value of environmental administrative contract. After a basic understanding of the environmental administrative contract and understanding of the operating status of the foreign environmental administrative contract, the value of the environmental administrative contract is summarized to prove that it is necessary for its further development in our country. The recognition of its nature is not only in order to further understand the environmental administrative contract, but also plays an important role in the practice of the operation, but also in the settlement of contract disputes must be a clear premise. The fourth part, our country environment administrative contract system present situation and consummates the proposal. This paper combs the development of environmental administrative contract in our country, probes into the problems existing in the practice of environmental administrative contract system in our country, and puts forward some suggestions to perfect the environmental administrative contract system of our country in combination with the national conditions of our country and the advanced experience of foreign countries. The environmental administrative contract system has been widely used in our country, and the problems in practice can not be solved well due to the incompleteness of the theory. This paper studies the basic theory of environmental administrative contract and combines the advanced experience of foreign countries. Hope to provide some reference for the operation and development of environmental administrative contract system in China.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前3条
1 林璐;论我国环境法律倡导性规范[D];山东师范大学;2011年
2 桑高成;论环境行政合同[D];山东大学;2012年
3 蒲纯;我国环境合同制度的法律研究[D];重庆大学;2012年
，本文编号：2265487
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