环境服务合同的概念演进与类型分化

The Conceptual Evolution and Classification of Environmental Service Contracts

环境服务合同不同于"环境合同"、"环境行政合同"等概念,它以环境服务产业的产生发展为背景。环境服务合同可划分为环境服务政府合同与环境服务民事合同两大类型。环境服务政府合同是指政府为治理环境问题,通过行政委托、特许经营、政府采购等方式与专业的环境服务商签订的污染治理及生态修复的合同。环境服务民事合同是指企业、环境侵权受害者或环境保护主体等民事主体与环境服务商约定,由环境服务商处理污染防治及生态保护与修复事务的委托合同、技术合同或承揽合同等服务合同或混合合同。

Environmental service contracts are quite different from the concepts of environmental contract or environmental administration agreement, it is based on the development of environmental service industry. This kind of contracts can be divided into environmental service government contracts and environmental service civil contract. The definition of environmental service government contracts is that the government make contracts with environmental service providers to solve problems like pollution prevention and treatment, ecological reservation and rehabilitation, the models include administrative commission, franchise, government procurement. The definition of environmental service civil contract is that enterprises, environmental infringement victims, and environmental protection volunteers make service or combined contracts with environmental service providers to deal with pollution prevention and treatment, ecological reservation and rehabilitation, the models include commission contracts, technology contracts and conhracts for work.