Analysis On Chinese Legislation Enforcement Mechanism Of Public Participation In Environmental Protection

Life of the law lies in its enforcement. Whether the legislation of public participation in environmental protection could realize its legislative purpose and could really provide legal guarantee for public participation depends on whether the legislation could be effectively enforced. Legislation enforcement mechanism of public participation in environmental protection is just the important safeguard of the comprehensive and effective enforcement of the legislation. However, the existent problems of the existing legislation enforcement mechanism have made the mechanism not to provide the powerful guarantee for the enforcement of the legislation. So, taking the legislation enforcement mechanism of public participation as the study object, the paper discusses the construction of the sound legislation enforcement mechanism of public participation.On the base of defining the legislation of public participation in environmental protection, its system structure and the legislation enforcement mechanism of public participation in environmental protection, the paper hackles Chinese provisions of the legislation of public participation, analyzes the present situation of the existing enforcement mechanism. The mechanism has have some construction on procedure, institution, system and public participation capacity building, but there exists many problems, including: ignores the theory base and the guiding principles are indefinite; lacks special procedure law, the existing provisions of procedure have many defects and can't provide the perfect procedure safeguard for the legislation enforcement; the environmental information publishing system and the legal supervision system are imperfect, lacks the legal liability system and the legal relief system; the existent problems of the system of law enforcement and judicature restricts the legislation enforcement in law enforcement and judicature; public participation capacity building is deficient and lacks the safeguard of public base. To construct sound legislation enforcement mechanism should aim at these problems, starts with perfecting these five aspects, including: establishes the theory base of interest balance and nails down the principle of environmental interest prior and the principle of power-right checks and balances; on the procedure, makes the special procedure law, nails down the concrete form and procedure of public participation, sets up the feedback mechanism of the public opinions; on the institution, improves environmental information publishing system and legal supervision system, and constructs legal liability system and legal relief system; on the system of law enforcement, improves the environmental system of law enforcement, eliminates regional protectionism, endows enforcement powers and improves the responsibility of law enforcement, and on the system of judicature, aiming at the regional protectionism in judicature,reforms the system of judicial personnel and finance,strengthens the supervision to the judicial body; on the public participation capacity building, reinforces propaganda and education of the environmental consciousness, cultivates the participation right consciousness of the public, promotes the forming of effective organizational system of public participation, and perfects incentive system of public participation in environmental protection.