On Legal Mechanisms Of Stakeholders Participation In Environment Management

From the practical problems of the environment management, by comparison and analysis on a similar foreign case, this paper aims at introducing the Stakeholders Participation Theory to the existing management system of China and attempts to construct participatory legal mechanisms of all interest-parts based on harmonization in order to apply new reference to the environment management.In this paper, a practical study of lurches in the environment management is carried out in the framework, which comes out two major problems, conflicts between intersected management institutions and integral eco-system, and conflicts between the close environmental administrative decision-making procedures and the environmental commonality, are key issues to environment management, especially to wetland use and protection. Furthermore, the causations of the problems can be ascribed to the absences of stakeholders'participatory legal mechanisms both in and out the administrative sectors in the environment management process. After an academic review on a similar case of the U.S. and its solution approaches, a new thought of institutional arrangements and procedural designs for stakeholders participation based on comprehensive harmonious agencies as a center is provided to solve the existing problems.The paper is attempted to introduce Stakeholders Participation Theory to the environment management, which includes the definitions and analysis of different stakeholders and the comprehension on"participation". The concepts of stakeholders can be divided into a narrow one and a wide one, which come from"shareholders"and now can be extended to all parts influencing or influenced by the realization of an organization's goal. The basic factors of this conception are consisted of an organization or its activity process, goals, influences and interest relationships and its subjects include responsible governmental agencies, relative governmental agencies, administrative private parties, involved communities and public groups. Moreover, the stakeholders in the environment management are those who are able to influence the goal, system and process of the environment management with a way of accepting, promoting, objecting or obstructing, and can be categorized into administrative agencies involved in an environment managing action and its private parties and relative groups possible to be influenced by the action. In the paper, the function of"participation"is to harmonize the...