The Study On Public Participation In The Environment Law

Since the sixties of the 20th century, public participation becomes popular,a lot of countries have set up the legal mechanism of public participating in environmental protection, public participation in environmental law is generally pursued in the countries all over the world and international community.It is essential to participation in the environmental affairs. China is socialist country, the people are masters of our 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 public participation in environmental law is to defend environmental right of the people. Through participation in the environmental affairs, the public can supervise the implementation of the environmental law effectively, which will reduce the fault in decisions as much as possible,and promote further perfection of environmental laws and regulations and the management system.The public participation in environmental law has not been perfect in our country. It is urgent to set up and perfect the public participation based on theoretical research of public participation, referring to foreign advanced experience and combining the current conditions of our country.This paper is a trial to study systematically the perfect and the development of the public participation in the environment law, which is divided into five parts totally. The first part of this paper is on the conception,contents and significance of the public participation in the environment law; The second part of this paper is on the theoretical foundation of the public participation in the environment law. Those are composed of environment right theory, environment democracy theory and environment trust theory; The third part of my paper is on the status quo,the present problems of participation in the environment law of our country; The fourth part of my paper is on the overseas development of the public participation in the environment protection. This part is mainly introduce the development of public participation in the over seas country such as the United States, Japan, Canada and the Korea. This part also points out its great enlightenment to the development of today's Chinese public participation environment law;Last, on the basis of the experiences of the other countries, this article aims to give some ways on how to perfect public participation mechanism in China. First, we should set up specific regulations to perfect the procedure of public participation; second, establish the citizen environment right; Third, set up the mechanism to make environmental information known to the public; Fourth, set up the lawsuit system of environmental public service promptly; Fifth, develop the environmentally non-governmental organization actively; Sixth, improve the public's consciousness of participation in environmental protection.