论环境污染治理PPP机制的法律关系

On Legal Relationship in the PPP Mechanism for the Treatment of Environmental Pollution

环境污染治理向来被视为公关部门的独角戏,排斥私人资本的参与。但当前公共部门在环境污染治理中出现了资金不足、资金利用率低下等问题,引入PPP机制成为解决这些问题的有效选择之一。研究环境污染治理PPP机制应以我国现行法律法规为依据,以PPP机制的原理以及环境污染治理的特殊性为基础。处于PPP机制支配地位的是特许经营合同,其本质上是公法关系。环境污染治理PPP机制法律关系的内容涉及公共部门的权责、公共部门与私人投资主体之间的风险分担以及社会公众在该机制中的参与。

The treatment of environmental pollution has been considered only related to public relation departments, excluding private capitals, but there are some problems, such as insufficient funds, and poor utilization of funds for the public relation departments in treating environmental pollution. The PPP mechanism will become an effective way of solving these problems. It should be based on existing laws and regulations to research on the PPP mechanism as well as its characteristics. Essentially, the nature of concession contract is of public relations, which occupies ascendancy in the PPP mechanism. The contents of the PPP mechanism are related to the public relation departments＇ authority and responsibilities, risk-sharing between the parties, and the public participation into the mechanism.