A Study On The Right Of Public Participation In The Environmental Administration

With the continuous deterioration of the ecological environment and the human environment consciousness awakens, to overcome the malfunctions of market and the government in the environmental protection domain, public participation in the environmental protection has become an inevitable choice. However, public participation in China's environmental protection has been the weakest link. This phenomenon has significant relation to the lack of stipulation on the right of public participation in China's environmental law. By analyzing development process of public participation in environment protection and conjunction with China's practice and advanced foreign experience, this article attempts to clarify the theoretical foundation and the value goal to establish the right of public participation in the environmental administration, and to seek ways to achieve its objectives, so as to promote public participation to develop forward.Accordingly, based on the origin of public participation in environmental administration, this article thinks that the right is one kind of Procedural rights and Public rights in order to balance the executive powers, and analysis its validity from ethics, constitutionalism and economics. Then, it proves that the exercise of the right can protect administrative procedures to achieve justice and to boost the public's awareness of environmental protection, and strengthen supervision of executive power. Through analysed why public participation wasn't formed earlier and developed well in China, the last part of this article provided the framework about system construction of the right.