论环境民事合同

On system of the environmental civil contracts

为了探究环境民事合同与传统民事合同的实质区别,并明确其在环境保护和资源开发利用中协调和解决环境公益和环境私益之间矛盾和冲突的实效性,采用系统论和比较研究的方法探讨了环境民事合同的实质,结果表明:环境民事合同具有"关系合同"的特质,而其主体的广泛性、内容的特定性、客体的特殊性、责任的预防性等特征既决定了其与传统的民事合同的不同,也决定了其订立和履行的特别要求。

In order to discuss differences between the environmental civil contact and the traditional civil contact, and make clear its function that it settles the conflicts between public benefits and private benefits in exploiting natural resource and protecting environment, the essence of the environmental civil contract used systematized methodology and comparative methodology. The conclusion is that environmental civil contract is a relational contract. The subject of the environmental civil contract is comprehensive, its contents are specific and its object is of particularity, and its liability has role of prevention. Theses features make the differences between the environmental civil contact and the traditional civil contact, and have some particular requirements on conclusion and performance of contract.