Research On The Public Participation System In Environment Legislation

The environment is the basis for the life existence and continuance; the resource of production material and living material for human beings. It is under serious destruction while the gradual augment of the environmental exploration, utilization and reconstruction scales and a large number of material and spiritual wealth are creating by human beings. The current environmental problem arouses considerable attention from the international society. We can not be optimistic about its development situation even though the environmental problem appears relatively late in our country. The environment problems such as environment pollution lack of resource and ecological destruction, etc. increasingly become serious. Therefore, environment protection should be paid more and more attention by the world people including our Chinese. Public participation is a basic principle in the environment protection, which means that any citizen has both the right and the obligation at the same time in the environment protection according to the certain legal proceeding. The ideology of public participation, whose theoretical basis is the environment right of citizen, was conceived in around 1960s. There are many regulations about public participation in environment protection in the international and national laws and rules and their corresponding documents. Environment legislation is very important in environment protection. Carrying out the public participation principle in environment legislation is the concrete representation of our country-improving citizen's law awareness and law quality requirement, and the collective representation of democratic principle of legislation. Moreover, it can avoid the mistakes in government legislation, urge the government to display its function of legislation guidance, alleviate the pressure of the environment legislation administrations, strengthen public's sense of responsibility of environment protection and arouse public's initiative and enthusiasm.This thesis introduced the public in the foreign and local environment legislation to participate system. Overseas countries like American, Japan, Canada, British and France have their comparatively fine public participation system in environment legislation. Now, public participate provision has already been in the system of environment legislation. Currently, the manners of public participation in legislation mainly includes: the research on legislation, legislation hearing, conversazione, argumentation conference, attending as a nonvoting delegate and auditing, promulgation the draft bill for public opinions and collection of suggestions on legislation items from public, etc. This thesis will launch a discussion about the way how the public take part in the environment legislation, like the research on legislation, promulgation the draft bill for public opinions, legislation hearing, legislation argumentation and symposium, etc. Then this thesis tends to put forward some suggestions on how to improve our country's public participation system in environment legislation combining foreign successful experience on the foundation of discussing. The suggestions are to improve the system of legislation information openness, which consists enlarging the openness scope of legislative documents and improving the system of public conference; to improve the system of environment legislation hearing, which regulates the right to require holding the environment legislation hearing, confirms the hearing participants and adjusts the time for legislation hearing; to improve the system of public discussion including increasing the channels for promulgating the draft bill and strengthening propaganda, carrying out the public questionnaire investigation and opening the internet forum for the public; to establish the legislation argument system and to build the system of public's bill suggestion right and the system of legislation drafting right of nongovernmental organization of environment protection.