Research On Public Participation In Public Interest EIA

Public participation in public interest EIA,compared with public participation in private EIA,refers to the introduction of the public outside the scope of EIA,in addition to stakeholders and the public within the scope of EIA,and participates in the process of EIA based on environmental public interest protection.In the EIA practice,there is a conflict between the economic interests pursued by the construction units and the personal interests and property interests pursued by the public.In the practice of EIA,there is a conflict between the economic interests pursued by the construction unit and the personal interests and property interests pursued by the public.The introduction of this system can increase the awareness of environmental public interest protection of the construction unit and the review and approval department during the environmental assessment process,improve the quality of environmental impact reports and the ability of the public review and approval department to protect the environmental public interest,and make up for the lack of environmental public interest protection in the process of environmental impact assessment.The "Environmental Protection Law of the People’s Republic of China" of 2015 has stipulated a special chapter on the exercise of public rights in the process of environmental protection,so that the public has a legal basis for participating in environmental impact assessment based on environmental public interest.The "Measures for Public Participation in Environmental Impact Assessment" newly implemented on January 1,2019 further improved the public participation procedures for environmental impact assessment,which is expected to achieve a breakthrough in public participation in environmental public interest-based environmental impact assessment.Due to the lack of public participation in the scope of environmental impact assessment and the neglect of environmental public interest under certain circumstances,the establishment of a public participation mechanism based on environmental public interest in the process of environmental impact assessment should be one of the ways to improve the public participation effectiveness of environmental impact assessment and environmental public interest protection.However,public participation in environmental public interest-based environmental impact assessment has not yet been formally implemented in China.However,in the process of EIA of China,the main concern is the protection of the interests of the public around the construction project,that is,mainly solicit the opinions of the residents near the construction project,and do not make detailed provisions on public participation in EIA outside the scope of EIA.Under the background that the public participation in public interest EIA has not been clearly defined by law,because there is no direct interest between the public outside the scope of EIA and the construction project,it is often not included in the public scope of soliciting opinions by the construction unit and the examination and approval department.However,in practice,conflicts of interest are widespread,the overall characteristics of the ecosystem,and the requirements of environmental justice make public participation in environmental public interest-based EIAs even more important.Therefore,this paper conducts research on public participation of environmental public interest type environmental assessment to strengthen the protection of environmental public interest in the process of environmental assessment.In terms of steps,this article analyzes the theoretical basis of public participation in environmental public interest-based environmental impact assessment,reviews the current status of public participation in environmental impact assessment of China from the perspective of legal norms and legal practice,and analyzes the introduction model of public participation in environmental public interest-based environmental impact assessment under dual benefits.Put forward the system construction and legal guarantee of public participation in environmental public interest type environmental assessment.Firstly,the basic theory of public participation in environmental public interest environmental impact assessment is introduced.Through the research on the basic concepts and theories of public participation in environmental public interest-based environmental assessment,the special nature of environmental public interest,the legal meaning of public participation in environmental public assessment,and the significance of public participation in environmental public interest-based environmental assessment are clarified.Compared with the public participation of private type environmental impact assessment,this type of public participation has the characteristics of a broader scope of subjects,more pursuit of public interest,and more prominent environmental justice.At the same time,social contract theory,deliberative democracy theory,multi-environment governance theory,and public environmental protection rights theory can provide theoretical support for public participation in environmental public interest-based environmental assessment.Secondly,the review of the legislation and practice of public participation in EIA from the perspective of interests.The legal provisions on public participation in EIA in foreign legislation and international treaties can provide a basis for public participation in public interest EIA in China from the perspective of participation subject,time scope and legal relief.By combing the historical context of China’s EIA public participation legislation,it is found that China’s EIA public participation system is mainly a kind of self-interest public participation,lack of relevant provisions of public interest EIA public participation.Through the analysis of the legal practice of public participation in EIA in China from the perspective of environmental public interest,it is clear that in the current practice of public participation in EIA,the construction unit is based on the pursuit of its own economic interests.In the preparation stage of EIA,it will not take the initiative to solicit public opinions outside the scope of EIA.The review content of the EIA examination and approval department focuses on the collection and adoption of public opinions within the scope of EIA by the construction unit,and the respect of the construction unit for the right of expression,participation and supervision of public opinion within the scope of EIA.Whether the public outside the scope of the EIA participates in the EIA process of the construction project and whether the public outside the scope of the EIA can obtain protection during the exercise of the right of expression and supervision has not been the focus of the review.Thirdly,the choice of legislative mode of public participation in public interest EIA.In the legislative process of introducing public participation in public interest EIA,combined with the current practice of public participation in EIA and the control of legislative costs and participation costs,the integrated legislative model is adopted.It is more appropriate to formulate a separate legal norm and procedure for public participation in EIA.In view of the fact that the current legal norms on public participation in EIA in China are mainly concentrated in the rules and regulations and the following levels,there is a lack of specific content of public participation in EIA in the Environmental impact Assessment Law,which specifically stipulates the content of EIA.In order to improve the importance of public participation in the process of EIA,the legislative level of the content of public participation in EIA should be improved at the same time,and the content of public participation in EIA should be regulated in the form of independent chapters in the Environmental impact Assessment Law.Fourthly,the subjects,methods and procedures of public participation in public interest EIA.First,the main body of public participation in public interest EIA.The public participation subject of public interest EIA should not be restricted by geographical location,as long as the public is based on environmental public interest protection,they can participate in the EIA process in accordance with the prescribed time and manner.At the same time,the environmental public interest of the environmental protection organization’s establishment purpose and work objectives,as well as its strong environmental public interest protection capacity and rich environmental public interest protection experience,make public participation in public interest-type EIAs should highlight the role of environmental protection organizations.Second,the public participation method of public interest environmental impact assessment.The method of public participation in public interest environmental impact assessment should not be limited to the acquisition of public participation information of environmental impact assessment,but should also be reflected in the respect of the right to express and participate in environmental public interest in the process of environmental impact assessment.For example,the construction unit and the approving department solicit public opinions outside the scope of the EIA in the general public participation method,and introduce representatives of public participation in the public interest type EIA in the process of in-depth EIA public participation.Third,the procedure for public participation in public interest environmental impact assessment.Public participation in public interest environmental impact assessment puts forward higher requirements for the depth and breadth of information disclosure,which means not only the disclosure of basic environmental impact assessment information,but also the full disclosure of public opinions and responses.The selection of representatives of public participation in public interest environmental impact assessment should also reflect strict procedural requirements.Finally,legal guarantee for public participation in public interest EIA.In order to ensure the smooth progress of public participation in the public interest EIA,in addition to clarifying the main body,methods and procedures in the system,administrative and judicial relief channels should also be provided to the public.On the one hand,it stipulates the construction unit and the approval authority’s obligations and responsibilities for public participation in public environmental impact assessment,and introduces the public review method of public participation in environmental impact assessment based on environmental public interest in the administrative review.On the other hand,the introduction of judicial relief methods for public participation in public interest environmental impact assessment.In the process of administrative litigation,when it comes to public participation in environmental assessment,the court gradually relaxed the identification of the plaintiff’s subject qualification,which has highlighted the importance of environmental public interest protection.At the same time,with the growth and maturity of environmental protection organizations,it is recommended that in the environmental administrative public interest litigation,in addition to the procuratorial organ,the public who meets certain conditions be given the right to initiate environmental administrative public interest litigation.