The Normative Perfection Of Public Participation Right In Environmental Administration In China

As the symbol by the revision and implementation of Environmental Protection Act of PRC in 2014,the right of public participation in environmental administration has risen to the statutory right level,and its structure has basically come into being.In spite of this,the right of environmental public participation in China is still not free from the shackles of "formalization" in practice,and its overall operation situation is not optimistic.Though large useful explorations on the right part has been done for the specific practice in many part of China,these explorations are fragmented and uncertain,and have not yet formed a systematic and institutionalized restraint mechanism in the whole country.Around the main reason of "formalization" of public participation in environmental administration in China and its response,this paper aims to solve the formalization tendency in the implementation process of public participation in environmental administration in China,and systematically and fully discusses this trend.Formalization is only a superficial representation of the right of public participation in our environment.The more substantial reason is the lack of interaction between the right subjects and the related obligations.With "interactive" as the right of public participation in the assessment of the environmental administrative exercise effective standard can be found,on the one hand,the main government obligations under a dominant model from top to bottom is too powerful;on the other hand,from the public power from bottom to top is thin and can not form a cohesive force.Therefore,there is no equal communication or negotiation between the two.This lack of interaction leads to the fact that the right of public participation in environmental administration can not be effectively realized.The primary and practical significance of the public participation right in environmental administration determines the necessity of standardizing and perfecting the public participation right of environmental administration in China.The implementation of the plight of the right of public participation in China's environmental administration mainly for the "formal" tendency,which brings many challenges,including but not limited to the following aspects,namely the center of economic performance leads to lack of public participation,public participation,and the collapse of the formal public trust crisis.A rational reflection on the current status of the right in China is in fact far from the original and practical significance of the right.Thus,this phenomenon must be changed,and a solution method is to find the root cause of this phenomenon,which is the crux of the problem,to examine specific legislative expression and based on practice,this can be attributed to two aspects of social factors and legal factors,the former being the China context of the doctrine of Center for economic performance public participation,with the students and the current of the government and officials of the evaluation system,and that public participation is invalid and low efficiency,so the environmental public participation has taken the attitude of rejection,which negates the power of public participation,this is the fundamental reason for the environmental administrative public participation right to "formal";the latter concentrated right subject,right content and fuzzy generalization of relief mechanism of legal expression in our country in the present is not perfect and other factors,the government The government or other administrative organs provide institutional loopholes for environmental decision-making by neglecting public opinion.In this case,the effective solution is to regulate and perfect the right in order to achieve effective implementation of the right of public participation in environmental administration in China,focusing on the above two aspects.On the one hand,it is urgent to solve the substantial influence of the economic performance centralism on the implementation of the public participation right of environmental administration in China.The government or any other administrative organ is not only the leading environmental administrative public participation in environmental decision-making,is the ultimate decision maker,as a "host" and "referee" role,the role of the fact should abide by a more neutral stance on environmental decision.However,under the Chinese context,the government or other administrative organs often enjoy benefits in environmental decision-making,which proves that they play the role of "athletes" in the process of public participation in environmental administration.And the method of dissolving must be to adjust the role of the government or other administrative organs to adjust and cut the interests,and then change into the center of the public's environmental interests.What do these efforts is the main subject of the right to participate in environmental administrative public reasonable definition,the purpose is to let the public in order to participate in environmental affairs,effectively restrain the power of the government,in order to promote the effective communication and interaction,to ensure scientific decision-making risk society.Specifically,On the other hand,first,to the public as subjects of rights,through the "cost-benefit" economic analysis method,and Empirical Analysis on the willingness and action,still has not yet been "activated" summed up the state of public participation in environmental affairs in China now.Therefore,based on the current situation of China's legislation and internal public,to the public should be classified into,will be divided into public environmental interests,environmental protection and other relevant public organizations on the basis of the general public,for different types of public participation,different strength of the right system for the public to form a spontaneous,native to participate in environmental affairs,to activate the enthusiasm of public participation in environmental affairs.Second,to the government as the subject of obligation or other administrative organs,enterprises,is an effective way to deal with,to promote the formation of national capacity governance environment system,and to achieve national capacity to promote the relevant obligations of the main "transition from power to obligations,let these obligations subject to public rights as the center to fulfill its obligations,restrain the relevant obligations in any subject in environmental decision making.