On Legal Issues In Publication Of Environmental Information

The pollution and ecosystems destroy have been obstacles that mankind have to face, but basic premise to resolve the environment problem is the publication of environmental information. This text takes definition and classifications of the environmental information as the point of departure, takes local and foreign legislation of the publication of environmental information as the means, takes institution of the publication of the environmental information as the purpose, researches the publication of the environmental information from the theories, the law rules and the system to guarantee, and puts forward to setting up the system frame. The text is divided into three parts on the structure. The first part researches theories and values of the publication of environmental information. Firstly ,the text makes the definition and the classification of the environmental information.Concerning" the environmental information", there is not a united definition, in the foundation of scholars'standpoints, the writer thinks of the environment information as the data that writing of environmental present condition, developments and people manage, protect, improve, use the environment. and divides the environmental information in according to the subjects in collecting, controlling and publicing environmental information into two types: the government environmental information and enterprise environmental information. Secondly, the text analyzes the publication of the environmental information and the right to know environmental information. the publication of the environmental information is governments or enterprises publicize the environmental information to people. The publication of governments environmental information means the governments open the environmental information that they control actively or passively. The publication of enterprises environmental information is enterprises publicize the information of their effect in the environments and the way to environmental protection . There is a concept of right to know the environmental information compared to the publication of the environmental information. The right to know the environmental information is citizens'right to know the environmental information. The right to know the environmental information is the public's right, the publication is the duty of the governments and enterprises. The subjects are different, but the contents are environmental information. They are corresponding and correlate in logic. Thirdly, the text analyses the necessity of publication of the environmental information. The publication of governments environmental information is good for the public taking part in the environmental protection and advantageous to guaranteeing democratic administration; the publication of enterprises environmental information is advantageous to the governments and the public supervising enterprises'environmental behaviors, promoting the enterprises to eradicate completely the pollution. Last, The publication of enterprises environmental information can carry out the legal values such as freedom, justice, efficiency, order. The second part analyses the legislation of the publication of the environmental information. We can build the suitable institution of the publication of the environmental information in according to our country and foreign legislation experiences. Although there are some provisions to the publication of the environmental information, it is not a comprehensivesystem ,with a lot of defects, such as the right subjects and duty subjects are not clear, there is only one pattern in publication, the scope is vague and the liability and remedy is lacking. Combining the foreign and international legislation, the writer thinks that the trend of legislation of the publication of the environmental information is: the scope of the right subjects and the duty subjects extends continuously; the scope of the publication of the environmental information is large; comparing the publication , publics participation with the responsibility and remedy; the procedure of publication is more perfect; the publication of enterprises environmental information is more important. This is an direction to legislation in China. The third part aims at building the institution of the publication of the environmental information in China. This is the core. Because the environmental information is divided into the governments environmental information and the business enterprises environmental information, we research them individually with subjects, contents, patterns, procedures and remedies. In the institution of publication of governments environment information , the text expands the right subjects as natural persons, legal persons, organizations that need not prove to special benefits relation even foreigners, defines the duty subjects as government organs and social groups of environmental protection. The social groups of environmental protection is superiority at the collection of the environmental information, they can help the environmental protection organizations establishment environmental information database in order to open to the public and other government sections. The exceptions include: national secrets, public safety, personal privacies, environmental benefits etc.The environmental information is divided into five types: environmental current situation, policies and law on environmental protection, the environment marks, important engineering items. Dividing miscellaneous and numerous environmental information into above-mentioned category is creative. It is advantageous to adoption different patterns and procedures and insuring the performance of the system. The governments environmental information is divided into two types: active and passive publication. For information on environmental marks, the manufacturers put application for environmental organizations, use environmental marks after examination. The others can adopt two patterns. We should develop passive publication, because it is advantageous to the protection of citizens'right to know environmental information, combining the environmental protection and publics benefits closely. For the publication procedures of the governments environment information, we should pay more attention to details, such as the time limits, charge .It is special at environmental information on important engineering items and abrupt environmental accidents. They lay particular emphasis on the communication and the exchanges of information before and after hearing and accidents respectively. The most important institution is the responsibility system and the remedy systems in the right guarantee. The government organs should be responsible for they refusing to public ,public insufficiently and public the exception. The remedy that the public can adopt is administration method. The right subjects are the public and the government environmental organizations, the duty subjects are enterprises, the environmental information is anything but the business secrets in the publication of enterprises...