Research On The Right Of Public Participation In The Context Of Environmental Governance Diversification

With China's economic development entering the new normal,under the guidance of the concept of green development,China's ecological civilization construction has entered a new historical period.In line with the characteristics of the development of the times,the environmental governance system has also been transformed and upgraded,from the traditional government single dimension regulation to the multi governance environmental governance system.In this context,the public participation in environmental governance as the governance subject not only conforms to the needs of environmental law,but also conforms to the characteristics of the development of the times.The environmental protection law implemented in 2015 clearly gives the public the right to participate in environmental affairs from the basic law level for the first time,and the right of public participation changes from the natural state to the legal right.However,from the actual operation of the law,public participation has not really played an effective role in promoting the government to manage the environment in accordance with the law and improving the efficiency of the government's environmental governance.Although the academic circle has analyzed the causes of this dilemma from different aspects,most of the discussions are based on the direction of management,sociology or political science.The research on public participation in the legal circle mainly focuses on the subjects of public participation,the ways of public participation and the improvement of the legal system of public participation.For the right attribute based on public participation,the government and the enterprise are regarded as the public The corresponding obligation subject of the right of public participation breaks through the shackles of the traditional environmental governance model on the right of public participation from the perspective of the right and obligation,and brings the realization of the right of public participation into the analysis and demonstration of the overall framework of the multi governance environmental governance system,which is rare in the field of environmental law.From the analysis of the theoretical evidence and practical basis of the right of public participation,and then according to the right analysis approach,respectively,the main body of the right of public participation,the content,the exercise of the right to the realization of the final right to conduct in-depth analysis and demonstration,which is the basic context of this article.In the basic theory of the right of public participation.This paper analyzes the right attribute and legal value of the right of public participation from the perspective of legal theory,that is,the right of public participation has the right attribute of public law for the purpose of maintaining environmental public interest and the basic right attribute as procedural right,which shows the value of fairness and justice of law and guarantees the realization of freedom and order in environmental governance.This paper introduces the theoretical basis of the right of public participation in the field of law and related disciplines,and analyzes the social basis of the right of public participation from three aspects: government function,public environmental awareness and environmental protection social organization.In the subject of the right of public participation.In accordance with the needs of the times,the 19 th National Congress of the Communist Party of China proposed to build an environmental governance system with government as the leading role,enterprises as the main body,social organizations and public participation from the top-level environmental policies.The subject status of public participation is no longer fictitious.It is not only the right subject of public participation,but also the subject of environmental governance.In essence,it is to participate in environmental governance as the subject of environmental governance in order to realize the right of public participation.Public participation in environmental governance is no longer formalized.With the help of the multi governance system,the public can effectively participate in the overall operation of environmental governance and effectively guarantee the realization of the right of public participation.The government and the enterprise are not only the corresponding obligation subjects of the public participation right,but also should fulfill the corresponding obligations to ensure the realization of the public participation right,and have its independent role positioning and role in the multi governance.Therefore,to identify the different roles of the government and the enterprise,and to set different functions respectively,we can really play the role of each subject in the multi environmental governance system,and truly form a joint force of ecological civilization and legal construction.In terms of the content of the right of public participation.The right to know is the premise.Without the right to know,the right to participate in administrative decision-making,the right to express and the right to supervise are lack of basis.The right to participate in administrative decision-making is the key.Without the right to participate in administrative decision-making,the right to know,the right to express and the right to supervise will be out of the question.The right to express is the core,and the participation without expression is in vain.The right to supervise is the guarantee,and the expression and participation without supervision will do half the work.Therefore,the right to know the environment,the right to participate in environmental administrative decision-making,the right to express and the right to supervise constitute the right content of public participation,and jointly support the overall operation of public participation.In the exercise of the right of public participation.The exercise of any right is not smooth sailing,and the right of public participation will encounter resistance in the exercise process.The analysis of the situation of the right of public participation is blocked,especially the in-depth interpretation of the reasons behind this situation will pave the way for the follow-up discussion on how to comprehensively promote the realization of the right of public participation.In the realization of the right of public participation.From the perspective of multi governance,multi subjects participate in environmental governance and build a multi governance environmental governance system.In this system,the government,enterprises and society as the main three forces should form a joint force of environmental governance.Taking the subject as the dimension,this paper discusses how to promote the realization of the right of public participation and how to help the public participate in environmental governance in the form of joint efforts.Of course,the realization of any right is inseparable from the protection of due process.The author also puts forward procedural suggestions for the realization of the right of public participation from the perspective of due process.In a word,the proposal of the multi governance environmental governance system breaks through the shackles of the traditional environmental governance model,and promotes the dialogue and cooperation among the multi subjects through the communication and consultation mechanism among the multi subjects.In this context,the public substantially participate in the process of environmental governance in a more effective way.