政府购买环境公共服务立法研究

发布时间：2018-03-28 18:40

本文选题：政府　切入点：购买　出处：《山西财经大学》2017年硕士论文

【摘要】：近几年,政府基于转变政府职能、提升环境质量、提高环保资金使用效率等方面的考虑,开始运用市场机制购买环境公共服务,从实践情况来看取得了一定成效,但同时面临着法律法规不健全、缺乏制度保障等问题,相关理论研究也几乎处于空白。文章运用文献阅读法、比较分析法、个案研究法等研究方法,研究我国政府购买环境公共服务的立法问题,通过对现行立法的探索,结合实际提出健全法律法规的建议,以弥补理论研究的不足、解决现实问题。从立法现状来看,我国现行法律并未从法律层面对政府购买环境公共服务进行直接规定,仅从行政法规层面进行了原则性、笼统性的规定,难以满足政府购买环境公共服务的现实需要。对这一制度的规制主要是部门规章和地方立法,但具体规定存在诸多问题。首先,立法设计上,存在立法层级较低、部分立法之间存在一定的冲突、制度框架设计不够具体且微观层面缺乏可操作性、法律规定滞后于实践探索等问题。其次,具体内容上,存在购买范围界定不清、购买程序不规范、绩效评估和监督管理制度设计不足、购买定价引导不够、环境服务提供主体参与动力不足等问题。最后,相关配套规定上,财政预算管理滞后、对PPP模式的法律规制不够。从国外较为成功的立法经验和实践经验来看,我国要想将政府购买环境公共服务稳步推进,亦需要建立健全法律体系、提供政策保障、重视评估和监督制度,同时引入竞争机制、建立激励机制,确保社会力量的参与。基于我国政府购买环境公共服务的立法现状和存在的问题,结合国外经验,完善我国政府购买环境公共服务的立法,需要探索合适的立法路径,明确要完善的立法内容。从立法路径上看,因我国政府购买环境公共服务立法需要提高立法层级、解决部门规章与地方立法之间的冲突和立法滞后等问题,而目前制定法律的条件尚不成熟,不宜在法律层面进行规定,故适宜通过行政法规进行统一规范,通过部门规章扩大购买范围,通过政府购买公共服务和环境产业相关规定及政策细化具体制度,使之具有可操作性,同时注意中央与地方立法权限的划分。从需要完善的内容来看,宜采取自上而下与自下而上相结合的方式确定政府购买环境公共服务的边界,同时完善对购买程序的规定、对评估监管制度的设计,通过政策优惠和引入竞争机制提高社会组织参与的积极性。此外,需要完善财政预算管理制度和PPP模式的规制。
[Abstract]:In recent years, based on the consideration of changing government functions, improving environmental quality and improving the efficiency of using environmental protection funds, the government has begun to use the market mechanism to purchase environmental public services, and has achieved certain results in practice. However, at the same time, it faces the problems of imperfect laws and regulations, lack of system protection, and so on, and the relevant theoretical research is almost blank. This paper uses literature reading method, comparative analysis method, case study method and other research methods. This paper studies the legislation of our government's purchase of environmental public services, through the exploration of the current legislation and combining with the practice, puts forward some suggestions to perfect the laws and regulations, in order to make up for the deficiency of the theoretical research and to solve the practical problems. From the point of view of the current legislative situation, The current law of our country does not directly provide for the purchase of environmental public services by the government from the legal level, but only the provisions of principle and generality from the level of administrative laws and regulations. It is difficult to meet the actual need of government to purchase environmental public service. The regulation of this system mainly consists of department regulations and local legislation, but there are many problems in the specific provisions. First of all, there is a low level of legislation in legislative design. There are some conflicts between some legislations, the design of institutional framework is not specific enough, the microcosmic level is short of maneuverability, the legal provisions lag behind the practical exploration and so on. Secondly, on the concrete content, the scope of purchase is not defined clearly. The purchase procedure is not standardized, the performance evaluation and supervision management system is not designed enough, the purchase pricing guidance is not enough, the environmental service provider participation power is insufficient and so on. Finally, the relevant supporting regulations, the financial budget management lags behind, The legal regulation of PPP model is not enough. Judging from the successful legislative and practical experience of foreign countries, in order to promote the government's purchase of environmental public services steadily, we also need to establish and improve the legal system and provide policy guarantee. Attach importance to the evaluation and supervision system, at the same time introduce the competition mechanism, establish the incentive mechanism, ensure the participation of the social forces. Based on the current legislative situation and existing problems of our government's purchase of environmental public services, combined with the experience of foreign countries, In order to perfect our government's legislation on the purchase of environmental public services, it is necessary to explore the appropriate legislative path and clarify the legislative content. From the legislative path, we need to raise the level of legislation for the purchase of environmental public services by our government. To solve the problems such as the conflict between department regulations and local legislation and the lag of legislation, but at present, the conditions for making laws are not mature, and it is not suitable to regulate them at the legal level, so it is appropriate to unify and standardize them through administrative laws and regulations. To expand the scope of purchase through departmental regulations, and to refine the specific system through government regulations and policies related to the purchase of public services and environmental industries, so as to make them operable, At the same time, attention should be paid to the division of the legislative authority between the central and the local authorities. From the point of view of the content that needs to be perfected, it is advisable to adopt a combination of top-down and bottom-up approaches to determine the boundaries of the government's purchase of environmental public services, and at the same time to perfect the provisions on the purchase procedure. To evaluate the design of supervision system, we should improve the enthusiasm of social organization participation through preferential policy and competitive mechanism. In addition, we need to perfect the financial budget management system and the regulation of PPP model.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.68

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