Research On System Of Environmental Information Disclosure

With the rapid development of economy and the increase of public environmental awareness, environmental right to know is getting to be widely acknowledged of the public, and a new requirement has been drawn for our environmental management. Environmental information disclosure is a new instrument of environmental management after mandatory control instrument and market-based instrument. It is an important supplement to our environmental management system and an important measure to guarantee the public's environmental right to know. Environmental information disclosure can enhance the public participation and supervision, improve the environmental behavior of government and help environment polluters to accomplish objectives of sustainable development.The State Environmental Protection Administration (has been changed to Ministry of Environmental Protection of the People's Republic of China) adopted the Trial Measures of Environmental Information Disclosure on February 8th of 2007. This is the first time for the department to adopt comprehensive rules and regulations on environmental information disclosure. That environmental information disclosure, only prescribed by law, doesn't mean the establishment of environmental information disclosure system, which is an urgent requirement we are confronting in the process of modernization and democratization of environmental legislative work in china. It is very necessary for the public to realize their environmental right to know through environmental information disclosure.The theoretical bases of system of environmental information disclosure are theory of environment belonging to public property, theory of environment right to know and theory of corporate social responsibility. The building of environmental information disclosure system includes the following three parts: First, subjects involving with environmental information disclosure. They include subjects of rights and duties. Subjects of duties to disclose environmental information are those who have effects on the environment. Subjects of duties to disclose environmental information are mainly government and enterprises. The right subject of environment information system equals to the objects, including natural person, artificial person and other organizations. Second, the content of environmental information disclosure. It depends on the content of environmental information. Theoretically it can be divided into environmental quality information and environmental behavior information, which also can be classified into environmentally illegal activity and environmental management activity. Third, the procedure of environmental information disclosure. Our present law prescribes the procedure of government and enterprise's environmental information disclosure systematically running though different chapters in details. Government's environmental information disclosure has been divided into initiative disclosure and passive disclosure. Enterprise's environmental information disclosure consists of two parts: compulsory disclosure and voluntary disclosure. The author thinks that with the development of the theory and practice of environmental information disclosure, the environment information system of governments and enterprises will be changed into two standard information forms: initiative disclosure and disclosure according to application. The procedure of environmental information disclosure involves contents of forms, concrete steps, legal time limit, cost bearing and right remedy procedure. Environmental information disclosure observes the following principles: (1) disclosing is the principle, and refusing disclosing is the exception; (2) principle of combining initiative disclosure and passive disclosure; (3) principle of right remedy.