Public Participation In Environmental Legislation

December 7,2009 in the Danish capital Copenhagen, the world climate summit in Copenhagen, once again sounded the alarm for mankind. Rapid economic development and social progress of the times, environmental issues closer and closer, the environment has become a constraint on economic development, social progress, stability of the key factors of life. Classical economic theory suggests that:"The market is the most effective way to allocate resources." But the market can not be an accurate assessment of natural resources, so it is difficult to achieve optimal allocation of environmental resources. This is a market failure of performance. When markets fail, the government's management is particularly important. Government can develop through a variety of laws and regulations to avoid environmental problems and achieve the anticipated state and society overall objective of the environment. But with the environmental crisis, people raise environmental awareness, the government alone to solve environmental problems has been difficult to achieve a balanced state. Market and government allocation of resources as the two most basic way, in the "government failure" and "market failure" cases, public participation is very important.Public participation refers to all citizens, legal persons and other organizations through a certain way to express their views, participate in government decision-making, to achieve the constraints of state power and the realization of their rights. Legislation as a basic state power and important power, public participation in legislation can protect their own interests, but also to restrict the abuse of state power, embodies the basic conditions of democracy, but also embodies the fundamental as the rule of law concept. Environmental issues are of interest with the people most closely concerned, in the realization of public participation in environmental legislation, to meet the basic demands of the public interest.Environmental legislation in our country despite some of the provisions on public participation, however, these legal provisions of existing legislation is imperfect, system operability is poor, often involve the public in a passive state, public opinion is not taken seriously, right difficult to achieve, in environmental public participation in the legislative process there is only the surface, there is no real depth. Therefore, in order to play a meaningful public participation in environmental legislation on the active role, it must have a complete legal system as a support system. In absorption, learn to integrate the experience of foreign public participation in environmental legislation based on the proposed public participation in environmental legislation of the basic concept of the actual situation in our country to develop a complete and operable laws and regulations. This paper summarized and compared with analytical methods, to our public participation in environmental legislation and norms based on the theoretical foundation as a starting point, found that public participation in China's environmental legislation issues, public participation in environmental legislation and put forward some suggestions.In addition to the introduction and conclusion of this paper is divided into five parts. Public participation in the first part describes the basic connotation of environmental legislation. The second part of the deliberative democracy from the people the basis of sovereignty and public participation in environmental legislation described the theoretical basis, the third part of equity, justice, and efficiency perspective of the value of public participation in environmental legislation basis. The fourth part of the legislation of the status of public participation in environmental analysis. The fifth part of the public participation in environmental legislation put forward some suggestions.