The Study On Public Participation In The Environment Law

With the development of society and era, China has more and more new problems and situations in environmental protection. Environmental Protection General hotspots and difficulties have become prominent and some are very serious. To analyze and study the issue of environmental protection, and then to solve these problems in the system of the whole country's strategy is a major task in current both theory and practice field. This article explores environmental protection from the perspective of public participation . Public participation means that the members of society voluntarily take part in social activities or affairs of management , that members of the society participate in a variety of public administration decision-making and implementation , it is democratic management of the society, and to put it into the usage of Environmental Protection, there will be unexpected results. Since public participation in society means that members of the society share responsibility and benefit from successful results, it make every member of the society has the opportunity to express their views to the local government in order to protect their own interests, at the same time, each get the opportunity to contribute his/her talents to seek for the common interests. Public participation in public management aims at all-round development of society and people. With the public participation, the reformation and progress will be promoted, and the society will be more steady and harmonious. Public participation in environmental protection at present is playing an key role in the public management of society at present and will remain the critical status in the future, being the decisive factor in the development of environmental protection.This paper consists of six chapters. Chapter 1 Introduction of basic theories of legal systems on public participation in environmental protection. First, the theoretical foundation of public participation and public participation in environmental protection, Second, social foundation of legal systems on public participation in environmental protection. public participation in environmental protection is favorable to promoting the democracy in state administration , to achieving the justice of the society, to promoting the government's working efficiency. It has become the inevitable trend of social development to deal with the environmental problems from a all-round perspective. Chapter 2 Analysis of China's current situation and the advanced experience of foreign countries on public participation in environmental protection. First, the analysis of the origin, current situation and main mechanism of public participation in environmental protection. Second, introduction about successful experiences in the United States, Canada and Japan , and finally summary of the inspiration from other countries'advanced experience . Chapter3 On the public participation in the legislation of environmental protection. Firstly, to guide the public to participate in the legislation of Environmental Protection Law. This point includes four aspects: nailing down the decision-making items which really need the public participation, establishing the specific procedures of the public's participating in the legislation, enriching the modes of participation and finally speeding up the standardization of the public hearings of legislation of Environmental Protection Law. Secondly, to improve the system circumstance of public participation, including improving the mechanism of participation popedom, perfecting the information communicating mechanism, reforming the people's congress system, enhancing the working efficiency of the people's deputies and scientifically collecting and summarizing the comments and suggestion on legislation of Environmental Protection Law. Chapter 4 Study on how public participation in environmental protection enforcement, First, to ensure public participation in environmental law enforcement channels, the establishment and improvement of environmental protection law enforcement mechanism for public participation, to broaden public participation in environmental law enforcement channels; Second, to improve public participation in environmental protection law enforcement supervision system, and give the right of supervision to public participation in environmental law enforcement, clarify public's the supervision ways and means in the enforcement of environmental protection, clarify ways and means of the public's assistance in dealing with the environmental violations in environmental protection department of environmental violations. Third, to explore the public supervision on the execution of Environmental Protection Law with the study of the environmental impact assessment to ensure public participation, improvement of the environmental impact assessment approval process, and improvement of the environmental impact assessment of legal responsibility. Chapter 5 On the public participation in the judicature of the environmental protection law. First, to set up the system of environmental public interest litigation, the plaintiff to sue the modest relaxation of environmental public interest litigation filed pathway of development, the rational allocation of the burden of proof, the cost of litigation a fair burden; Second, to perfect environmental criminal system; Third, to improve the administrative reconsideration and administrative litigation system. Chapter 6 Countermeasures to encourage the public participation in environmental protection. First, to set up community participation in environmental protection legal system, including providing the legal status of the Environmental Protection Associations, streamlining the government and the relationship between environmental protection associations, cultivating sophisticated society of the environmental protection groups, to broaden community participation in environmental protection environmental protection ways; Second, to improve the environmental awareness education; Third, to promote public participation in environmental law information system under the open, including strengthening legislation, to open the information in the field of environmental protection and; Fourth, the reward and financial security of the public participation . In short, this article put forward a sound system of public participation in China's environmental protection measures, with a view to promoting our country the public participation in environmental protection to provide reference and learn from, through our country the status of public participation in environmental protection and comprehensive problem analysis, use advanced experience from abroad, from the legislation, law enforcement, judicature three perspectives...