On The "Open Approach To Environmental Information (for Trial Implementation)"

China's growing environmental problems.Public participation in environmental protection is one of the most powerful weapon is to solve the environmental problems of China's an important way.Environment and public information is a prerequisite for public participation in environmental protection and infrastructure.April 11,2007 State Environmental Protection Administration issued a "public approach to environmental information(for trial implementation)",in order to promote public participation in environmental protection provides an important protection system.Due to China's environmental information is still in the exploratory stage of the legislative public,"the open approach to environmental information(for trial implementation)" in the legislation on a number of shortcomings and deficiencies.Foreign very early environmental information public,also improve the legislation,in particular the European Union,Germany,the United States and other developed countries and environmental organizations,public information system has high research value and reference.At present,the "open approach to environmental information(for trial implementation)," the system is still in the blank,the environment,public information and public environmental information system in the study were written before the promulgation of the way,the Current lack of empirical analysis of the legislation."On the 'open approach to environmental information(for trial implementation)ï½€" text analysis of the first foreign legislation,the domestic system and to start research,revealed the "open approach to environmental information(for trial implementation)," the four legislative background,namely:the voice of the public;the Government's determination to;The role of public participation;the trend of globalization.And explained the significance of its three major legislation, namely:the establishment of "sunshine";to strengthen corporate responsibility;the promotion of public participation.Then from the "open approach to environmental information(for trial implementation)" The main content and concept of comparative analysis,summed up the characteristics of the four,namely:environmental information of the public are the main breakthroughs;established "the pringiple of an open, Not to open an exception for the "basic principles;environmental information is much more wide open;the right to know the environment are protected by law.The paper focused on the back of two parts.First of all,based on national conditions and learn from foreign experience, analysis of the "open approach to environmental information(for trial implementation)," there are four major deficiencies:the main body of environmental information public narrower;government environmental information publicly define the scope of the fuzzy;corporate and product information environment of open The relevant provisions of incomplete; the right to legal liability with perfect relief.In response to these last four flaws made to improve the four major flaws of the four proposals:to broaden the public's main environmental information;expand the scope of environmental information public;improve the business environment and product information with the relevant provisions of the public; environment for building a public interest litigation system and to strengthen the rights of relief And liability.Trying to paper system,a comparative analysis of empirical analysis,to find a perfect environment for China's public information legislation means,in building environment-friendly society benefits.