Environmental public-private partnership: The theoretical route of contract administration and judicial relief approach
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    Abstract:

    By means of contractual agreement based on the acceptability of burden sharing, risk pooling and mutual benefits, the efficacy of environmental public-private partnership (EPPP) to control environmental pollution, improve ecological environment and supply environmental public goods and services has been paid much attention in environment protection area.The contract between government and private sections is the legal basis and core of EPPP, which also fully reflects the legal theory expansion and mechanism innovation of environmental administration from traditional supervision administration to contract administration.Due to EPPP contract's attributes of both administrative orientation and contract desirability:both public nature and private nature, the legal regulation and judicial remedy of EPPP contract is also featured by a duality:public principles and rules & private spirits and specifications.Combined with the fact that EPPP contract is essentially an administrative contract under the environmental public welfare guiding, judicial remedy is an indispensable part of legalization of EPPP.According to the different priorities of consensus and power in different EPPP contracts, the contracts could be classified to two types:the private EPPP contract and the administrative EPPP contract.The former mainly depends on civil litigation to settle disputes while the later resorts to means of administrative litigation or administrative litigation incidental civil action.In addition, the attribute of pursuing environmental public benefits of EPPP contracts also makes it possible to introduce environmental public welfare litigation as a new sort of judicial relief mechanism for EPPP contracts.

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柯坚,吴隽雅.环境公私协作:契约行政理路与司法救济进路[J].重庆大学学报社会科学版,2017,23(2):113~121

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History
  • Received:December 08,2016
  • Revised:
  • Adopted:
  • Online: April 10,2017
  • Published: