Comparative Research On Public Participation System For Environment Impact Assessment Institution Between Taiwan And Mainland

The concept of environmental impact assessment as early as in1964, Canada at aninternational environmental quality assessment of academic meeting. Environmentalimpact assessment and environment as a formal legal system is the first with the UnitedStates, the United States in1969in the heart of the national environmental policy act"fixed environmental impact assessment in the form of law, as must abide by the system.After30years of development, the environmental impact assessment now has morethan100countries has established the system of environmental impact assessment.Environmental impact assessment system in China are borrowed from abroad.Experience from scratch, and local to the whole country, from imperfect to graduallyimprove. Through the environmental impact assessment act in2002, marking the realizelegalization, environmental impact assessment system in China is the core ofenvironmental impact assessment law system in our country, and in2006,"interimmeasures for public participation in environmental impact assessment"(hereinafterreferred to as "measures") further defined the public participation in environmentalimpact assessment of power. On September1,2003implementation of environmentalimpact assessment in construction project environmental impact assessment scale toplanning environmental impact assessment, environmental impact assessment system isthe latest development.Environmental impact assessment system to promote environmental protection andeconomic construction and social development has played a very important role, but itis a pity that this achievement mainly rely on the government, the public role. Of publicparticipation in environmental impact assessment, should establish complete contentmore specific, operational stronger public participation system. In order to realize thenormal operation of the system of environmental impact assessment, the intervention ofnational environmental administrative power alone is not enough, still must rely on the public’s environmental right to exercise. Launch and attract more extensive social andgroup involved in the management of the eia process, and develop the eia legal systemin the internal advantage, safeguard the people’s right to know, to participate and tosupervise.From September13,1979, the standing committee of the National People’sCongress principle by the environmental protection law of the People’s Republic ofChina (try out)", has been more than30years. In this more than30years, China’senvironmental law from scratch, has developed into an independent, occupies theimportant status in the national legal system’s legal department. Can say, in our countryis in the process of reform and opening up30years, the rapid development of theenvironmental law, countless rich fruits. But environmental law in the concreteimplementation process, there are some problems, which makes our country’senvironment cannot be effectively improved, environmental law to carry out, on the onehand, need the government departments to enforce relevant laws and regulations, on theother hand also need to conduct supervision and public participation, the exercise of theenvironmental right of the public. Environmental protection law of our country "onApril24,2014formally adopted, especially increased the content of the relevantinformation disclosure and public participation, setting up the information disclosureand public participation in the special section, this is a great progress of China’senvironmental laws, regulations, citizens, legal persons and other organizations shallhave the right of access to environmental information, participation and supervision ofenvironmental protection of the rights, and specifies the government departments, theconstruction unit to the public for comment, but only to comment does not mean toprotect the public participation, public comment not only have a right to know and therights of the more important is the public opinion should be impact on governmentdepartments, the construction unit of the decision.In both Taiwan and China regulations on public participation in environmentalimpact assessment, there exist certain differences in the way participants, publicparticipation and timing, feedback on public opinion, the public to participate in theorganization, the public participate in the relief way is different, although both for the regulation of public participation is still inadequate and in need of improvement, butcompared with relevant regulations of the mainland, Taiwan and other environmentalprotection laws and regulations, under the basic law of the environment for the public toparticipate in the detailed rules, it is worthy of our learning and reference.Right is an important part of environmental right, but is not the whole environmentright, the public’s environmental rights should also include to present an opinion,influence decision-making rights, rights through litigation relief, etc., the currentimplementation in our country are still lack of the environmental protection act. InTaiwan’s environmental protection laws and regulations, has a more detailed provisions,worthy of China environmental law tries to draw lessons from, such as pay attention toinformation disclosure, clear public participation power and scope of the participants,clear the time and way of public participation, solve the crisis of confidence between thepublic and experts, effective information feedback, establishing public participationrelief way, etc, are worth China environmental law should draw lessons from and study,environmental impact assessment law in our country can make clear from theparticipation of the public rights and interests, clear scope of participants, safeguard thepublic’s right to know, rich form of public participation, perfecting the judicial relief,strengthen the environmental consciousness of the public, perfecting the relevant lawsand regulations and improve public participation.This article from the Chinese mainland and Taiwan region of the relatedenvironmental protection laws and regulations and laws about the regulation of publicparticipation in environmental impact assessment system as a breakthrough point forcontrast research, compare the difference between the two, draw lessons from advancedexperience, hope to China’s environmental law further perfect and carry out in order toprovide the valuable reference.