论行政契约在低碳政策执行中的应用

The Application of Administrative Contract in the Implementation of the Low-Carbon Policy

基于行政法治和民权保障原则,低碳政策的实施应当选择恰当合法的执行手段,以平等协商和双方合意为基础并具有强制拘束力的行政契约。这种行政契约能够在达成低碳政策目标与保障公民、法人或其他组织的既有权利之间实现平衡,在低碳政策执行中具有传统行政方式所无法比拟的优势,应当努力推广应用。

Based on the principles of administrative law and civil rights protection,the implementation of low-carbon policy should choose appropriate legal means of implementation.The mandatory binding administrative contract based on equal consultation of both parties should unify the goal of low-carbon policy and the protection of the citizens,balance the power and interests between the juridical persons or other organizations.It has the advantages denied to traditional administration and its application should be expanded.