The Proposal On The Legislative Construction Of Environmental Information Disclosure System In China

With the development of the society, there is an increasing concern about the environment and a surge in public environmental protection campaign, which results in people's focus on the environmental information disclosure, because the premise of public involvement in environmental protection is to acquire environmental information. However, no specific law concerning the environmental information disclosure system has been constituted in China, which is a great gap for our environmental protection efforts. The purpose of this thesis is to bridge the gap by the research on constructing our country's environmental information disclosure system.The 'environmental information disclosure' can date back to the Principle 10 in Rio Declaration on Environmental and Development. In this thesis, the origin of this system is analyzed from two angles. One angle is from the "right to know" to the freedom of government information, and the other angle is from the "environmental right" and the "right to know on the environment".In view of the progress of the environmental information disclosure system in Europe and the USA, this thesis first introduces the articles on environmental information disclosure established in some international laws, then mainly focuses on the comparative study of the UN's Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, ''the Aarhus Convention', the EC Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC, the UK's Environmental Information Regulations 2004, the USA's "Toxic Release Inventory, TRI", the Indonesia's "Program for Pollution Control, Evaluation and Rating, PROPER" with the purpose of designing our country's law system.The history of our environmental information lawmaking can be divided into two stages of initiation and development with the Corporation Environmental Information Disclosure Provisions issued by State Environmental Protection Administration as a turning point. Prior to 2003, inadequate importance was attached to the environmental information disclosure system so that the regulations concerning the publication of environmental information were attached to some other environmental system. After 2003, the protection of public right to know on the environment has become the major concern of the environmental protection lawmakers and the environmental information disclosure system finally became an independent law system. Even with this great leap, this thesis will still point out many inadequacies in this field, such as in environmental...