论环境行政合同制度的构建

Construction of Environmental Administrative Contract System

环境行政合同作为一种管理手段,在产生之初就备受争议,有关它的内涵及定性就不清晰,而且在实施过程中存在着法律依据缺失,缺乏有效监督等问题,针对这些问题,建议从合理的界定环境行政合同的性质、明确环境行政合同的范围,选择单行法的立法模式,规范程序,搭建救济平台,引入第三方监督机制,开展环境教育出发来完善我国的环境行政合同制度。

As a administrative control approach,environmental administrative contract has been controversial since it is emerged. The connotation of environmental administrative contract is not clearly defined and there are some problems such as lack of legal basis and an effective supervision in the process of implementation of the law. It is proposed to define the nature of environmental administrative contract and clarify the scope,the classification of environmental administrative contract. We should to select the legislative model of one-way law and standardize the legislative procedures,the relief platform,and introduce the third-party supervision mechanism into the implementation of the environmental administrative contract to improve the efficiency of China's environmental administrative contract system.