Study On Our Public Participation System In Environmental Law

Public participation system has long been an important issue in environmental law. Under the background of more and more serious environmental problems, establishing the public participation in environmental law to allow people to participate in the environmental affairs, the public can supervise the implementation of the environmental law effectively, help to find the faults in environmental decision, promote further perfection of environmental laws and management system, and solve increasing environmental problems. A lot of countries have set up the legal mechanism of public participating in environmental protection and improved it in practice, and public participation in environmental law is generally pursued in the countries all over the world and international community. Therefore, the discussion on public participation system in environmental law, not only has important meanings in theory, but also in practice, has a realistic meaning in improving our environmental law and establishing public participation system in China.As to the question of public participation in environmental law, the scholars of our country have done a lot of study and made some achievement, but as a whole, these are not enough. There are many problems to be solved, such as the necessity to set up public participation system in environmental law, the fault in our public participation system in environmental law, and how to improve our public participation system in environmental law. In this article, I try to discuss them.The article is divided into four parts:the first part introduces the basic contents of public participation system in environmental law, including its basic conception and comparing it with several relevant concepts such as "public participation", "public participation in environmental law" and "principle of public participation", and analyses its basic character and necessity. In the second part, the article analyzes our present environmental protection, legislation and its faults in our public participation system with some data and cases in our life. The third part makes analysis and conclusion about the regulation and practices of American and Japanese public participation system in environmental law as the enlightenment to develop today's Chinese public participation in environment law. In light of Chinese actuality and learning from relevant foreign experience, the fourth part puts forward the legal countermeasures that can improve our public participation system in environmental law. At last, the conclusion is given.