公用环境设施民营化的双方当事人通过签订公用环境设施特许经营协议,约定了双方的权利义务。根据协议必须遵守原则,国家应该信守协议,尊重民间业者的自主经营权,并在情势变更情况下承担适当的补偿义务。然而,通过公用环境设施民营化,国家并不能免除其保护和改善生活环境和生态环境的宪法任务,其只是从直接履行责任中解放出来,转而成为环境公共服务提供的担保者,并且,在环境公益和安全受到严重威胁或损害时,最终承担接管义务。 Both parties to the privatization of public environmental facilities have agreed on the rights and obligations of both parties by signing an agreement on the concession of public environmental facilities. According to the agreement, the principle must be abided by. The state should abide by the agreement, respect the autonomy rights of the non-governmental industry, and undertake appropriate compensation obligations under the situation change. However, through the privatization of public environmental facilities, the state can not exempt its constitutional tasks of protecting and improving the living environment and ecological environment. It is only relieved from the direct responsibility to fulfill and becomes the guarantor of environmental public service provision. In addition, Environmental public welfare and safety are seriously threatened or damaged, and ultimately assume the obligation to take over.