Discussion On The Public Participation Principle Of Environmental Law

Principle of public participation comes with environmental protection tide and profound level to the environmental question and it grows to even greater consciousness since the sixties of the 20th century realize. On one hand the countries all over the world are devoted to using the technological means to manage pollution and improve the ecological environment with morden industry, even launch the discussion of the essential question of the environment actively on the other hand, in order to solve the environmental problem fundamentally, successively published such global legal files as " human environment declaration " and " Rio Declaration " etc, thus principle of public participation is an essential principle of the environmental law ,which has caused our scholars' interests.But the study on this problem still has the problem what are worth thinking at present, not only state differing on the concept but also there is difference in participating in the definition of the content ranges of the subject, participation, especially lack and carry on the deep theory to analyze to this principle. Just on this basis, this text firstly analyses the generality of the principle of public participation,such as the establishment and deep theory needs, especially in the latter aspect this paper discusses importantly and deeply. Human rights theory rises the public participation right to the innate height of right,.in socialist China, the people are masters of the country, as human one member, there is right certainly the masses of citizen for maintain oneself survive of close concern to each other environmental improvement of quality, establish the principle of public participation . in among environmental law, essence its to rely on the people protect the environment and rely on legal system not to defend environmental right of the people. Establishing the principle of public participation in among environmental law can avoid the country ang govermengt that cannot see beyond one's nose and self-interest. Development of the public need citizen society establishment. Environmental right theory proves the principle of public participation should become the basic principle of the environmental law throuth private right too . Others the text thinks principle of public participation is also accord with characteristic of principle of law andenvironmental law.On the basis of the thing that preceding paragraphs affirm the principle of public participation is basic principle of the environmental law, then the thesis thinks to comb, revise our country's present environmental law, make every effort to carry out this principle in the law of environmental basic law and environmental single file, stipulate the environmental right of being in know that the public should enjoy clearly through legislating, right to participate in, objection right, relieve such several rights as right etc, every obligation , corresponding legal liability and the public's concrete procedure of participating in practice that should bear at the obligation of violating that protect the environment that the public should fulfil. The article proposed finally several implementation mechanism,such as launching environmental knowledge propagation and education, developing the public group of environmental protection, perfecting the system of reporting of the offence with lottery of environmental protection and seting up the lawsuit system of environmental public service promptly ,in order to try hard to advance the principle of public participation in the realization of the realistic environmental protection.