On The Legal System Regarding Public Participation In Environmental Protection In China

With the high-speed development of our economy, when we enjoy the benefit of the economic development, the environment is worsening step by step. But in the domain environment protection, people pay attention to the government and the market. The government should do its main obligation to protect and harness the environment. The market is acting another way to protect the environment. The effect of the government and the market in the environment protection is important undoubtedly. But the malfunction of the government and the market smash the illusion of the people, the public participation is pushed to the proscenium of the environment protection. Public participation is the effect mechanism to overcome the malfunction of the market and the government. The public participation in environmental law has not been perfected in our country. It is urgent to set up and perfect the public participation based on theoretical research of public participation, referring to foreign advanced experience and combining the current situations of our country.This paper is a trial to study systematically the perfect and the development of the public participation in the environment law, which is divided into five parts totally. The first part of this paper is introduction, it mainly introduces the background, present situations of domestic and foreign research, objective and significance of the research, research content; The second part of this paper is concerning the conception of the public participation, constititive elements; formation and development of the public participation, theoretical foundation of the public participation in the environment law. It composes of the theories of public property, environment trust and environment rights; the third part focuses on the present situations and existent problems of domestic public participation system in environment protection; the forth part is regarding the analysis and enlightenment of public participation system in foreign environment protection, it mainly focues on the introduction to the public participation system in United States, Japan, Canada, French and Russia and points out the enlightenment for the devolopment of public participation system in domestic environment protection ; the fifth part aims to give some suggestions in order to perfect the public participation system in domestic environment protection on the basis of the experiences of other countries, firstly, widen the principal part of public participation and stress the function of non-govenmental environment protection organization. Secondly, perfect the mechanism of public participation , establish the lawsuit of public werfare system and improve the exoteric system of environment information.thirdly, widen the scope of public participation, forthly, realise the mechanism of public participation, legislate the environmental education rights and encouragement system about enviroment.