On Public Participation In The Environmental Ruling Of Law And Its Advancing Approaches

Environmental problems are brought by many interacting conflicts. The essence of environmental protection is to know and tackle the relationship of the conflicts properly, and to realize the harmony of the environment and the development. Because the public is an important subject of knowing and practice, their participation is necessary. Between the means of environmental protection, law is playing a very important role. In order to protect the environment efficiently, we must rely on the rule of law. Therefore, public participation in environmental protection is to participate the environmental ruling of law. As a comprehensive, long-term and arduous social practice, public participation in the environmental ruling of law needs the support of an integrated theory system and practical advancing approaches, which doesn't exist in our country now. So, it is very significant to study it.Beginning with the analysis of the related concepts and the background of public participation, this thesis studies the theoretical basis and the logical structure. The thesis points out that public participation in the environmental ruling of law bases on three theories: the right of environment, the relationship between democracy and the rule of law, and some ethical and moral theories. As for the logical structure, it includes public participation in legislation of the environmental law, in the enforcement of the environmental law, in the justice of the environmental law and the public's abiding by the environmental law. The four parts form an organic integer, which can not lack of any part. By analyzing the essential requests of public participation, and by analyzing three cases, this thesis puts forward that we must improve the public's consciousness about participation, we should safeguard their rights to the information about the environment, and we should exert the function of the environmental NGOs. Public participation in the environmental ruling of law will help us to solve the environmental problems, but this is not its only value, the important is its inner value, because its purpose is the full and free development of human beings. The rule of law is advancing steadily in our country, and it is the right time for public participation in the environmental ruling of law, which will necessarily develop well.