Research On The Legal System Of Public Participation In Environmental Protection In China

With the accelerating urbanization, industrialization process, environmental pollution and ecological destruction of the increasingly serious. In spite of the government`s promotion of environmental protection, favorable results are still eluding us. The reasons are various. One of the most important reasons is that the public involvement in environmental protection is far from enough. Though the law concerning public environmental protection has established in embryo, lots of defects exist. Consequently, it is necessary for the public awareness of environmental protection, the methods as well as the law to be optimized. Therefore, it`s crucial to raise the public awareness of participating, uplift the level of democracy and broaden the scope and vary the channel for their participating. And this paper is written to give some suggestions and measures for perfecting the methods of public participating in environmental protection.Except the introductory remarks, the rest of the paper is arranged in five parts:The first part is a general introduction of public participation in environmental protection, and the concept of public environmental protection is analyzed. Public participation will facilitate the improvement of environmental administrative efficiency. In addition, political democracy should also be given full awareness.The second part is the fundamental theory of public participation in environmental protection. It mainly focuses on the theoretical foundation and nomology basis of Environmental Laws as well as administrative law, all of which are concerned with the public participation. Environmental Law which is related to the public participation consists of environmental public property theory, environmental entrustment theory and Civil Environmental rights theory.The third part discusses the public participation in environmental protection laws and regulations abroad as well as the lessons which can be learned by China. I have analyzed the environmental protection laws and regulations, and on the basis of which I generalized the lessons that can be made use of by Chinese government.The fourth part will demonstrate the current reality of the public participation in environmental protection and the comment on it. Though the relevant law has established in embryo, lots of defects still exist. Thus it needs perfection.The fifth part explores ways of encouraging public participation in environmental protection. I have proposed the idea of perfecting it from the perspective of facilitating environmental information publicity, completing license granting hearing system, Environmental Impact Assessment System, visits mechanism and the non-governmental organization`s participation in environmental protection.