A Research On The Regulations Of Environmental Information Disclosure In China

Environmental pollution and ecological damage have become human development on the road to face a major obstacle to solving environmental problems is the most fundamental premise of public environmental information. Based on the definition of environmental information as well as the right to information, public participation as a starting point studing the environmental information of the public at home and abroad legislation as a means ,exploring the environmental information for the purpose of the open system, studing on the main, the scope, modalities and procedures As well as corporate and product information public, right to know and environmental requirements in order to improve our public environmental information system.In this paper, the structure is divided into three parts.This article first part researches the outline of the environmental information public. First of all, we define the environmental information and the environmental information public. On "environmental information", the international community has not recognized the definition of a unified. Summing up the views of predecessors, the author believes that environmental information is data that can be recorded by word or other media images related to environment and development and people management, protection, improvement and the uses of the environment.Secondly, we say the environment and development of the environmental information public system.Through "free access to environmental information, instruction," released by the EC , "on Environment and Development, the Rio Declaration" adopted by United Nations Conference on Human Environment and Development, as well as, "the Aarhus Convention," adopted by the Europe in 1998 Economic Commission and Environmental Policy Commission ,and so on a number of landmark international document on the environmental information public ,we say the development process of the environmental information public system and sum up the current international system for the development of the status quo. At last , we research Environmental information public system and the right to know the environment. Environmental information public is an action that the government or enterprises will pubic their environmental message to the person, organization. Government environmental information public is that the government public the environmental information grasped by it actively or passively. Corporate environmental information public is that the enterprises public the action that impacts on the environment and the conduct of the environmental measures in their production processes. Environmental information public is closely related to the concept of a public right to know the environment. Environmental public right to know the environment is a legal right to acquire and be aware of the environmental information.The public right to know the environment is the right of the public. Environmental information public is the duty of government and enterprises. The main difference of them is the content of environmental information. Therefore, there is a logical relationship between the right to know the environment and Environmental information public, the two are close and inseparable. Finally, we research the relationship between the Environmental information public and Public participation in the open. Information public is the foundation, only more environmental information public so that the public can grasp the actual situation of environmental problems. For the public to participate in environmental protection, public information environment is the most fundamental conditions .if there is no real sense of public information, public participation may be the only empty words.The second part of this article with the advanced system of comparative analysis, found that China's environmental information system, there is much to be open only be based on China's national conditions and to learn from advanced foreign experience in legislation in order to work out for the status quo of China's legal system for environmental information public. China issued the latest in 2007 "(tentative)", is the first public information relating to regulatory documents, is also the first environmental information related to the comprehensive public sector regulations, but there are a lot less than the need to improve. At the legislative level, the only sector of its own regulations, and a relatively low level of effectiveness of the pilot phase is needed to run the light of actual experience to be improved. In the design of the program, "(Tentative)" in the only obligation on the main provisions of the environmental protection departments above the county level in the administrative area of environmental information public duties,but not include the county level or township level of government .It's not conducive to the understanding of the people around The life of the state of the environment is not conducive to people actively involved in environmental management. And the main obligation to be limited to environmental protection departments can not guarantee the accuracy and completeness of the information. In Rights of the main,"(tentative)" provides that "citizens" clearly refers to people who have Chinese nationality, which in the nationality of the person to apply for the right to limit participation of foreigners is not conducive to environmental protection. In the scope of the public, "(tentative)" published by the provisions of 17 categories of information can not cover all aspects of the information, but also provisions of exceptions are too general, led to our environment, reducing the scope of public information and can not meet the public need which know the environmental information.In an open manner, "(tentative)"only provides for the environmental protection departments should function within the purview of social initiative of the Government to open the scope of environmental information, according to an application for environmental information public has not defined the scope, and is based on the scope of information disclosure to determine whether the environmental protection sector to the public to apply for accreditation, and we should learn from foreign advanced system known as "non-public area" to be clearly defined in order to improve the information applications open.And as a result of the different types of environmental information, the public information in a manner is different, but the "way (for trial implementation)" did not classify the open manner , we have to deal with environmental information disclosure requirements of a specific way.In the open procedure, the issue of time limits, "(tentative)" take the initiative to open only provides for the public on a regular basis, does not require emergencies public in a timely manner ; at the cost issue, "means (Trial)" has not Require members of the public to apply for the cost. In the enterprise and product environment information Public system, "(tentative)"give the provisions, but the pan is too rough, the body, the scope and the responsibility of relief and so on still need to improve. In the right to know environment, China's "Constitution" in 1982 and "Environmental Protection Law" in 1989 didn't require directly that citizens enjoy the right to know environmental information. The resulting environment is that the right to know environment information's legal status is fuzzy.In this paper, the third part of the study of China's environmental information system to improve public law, which is the core of this article. In this paper, model legislation and legislative point of view of the two programs are to be improved.On the specific model legislation, we should adopt Germany model legislation, particularly legislation go on the road. China basically inherited from the legislative style of the Civil Law.As for the effectiveness of the legislative level, we believe that the legal adoption of the National People's Congress or the National People's Congress Standing Committee need a long time, it's better to choose the development of administrative law rules. In the improvement of the legislative program, we study the improvement of the Environmental information public from the six points of the public body, the scope, modalities, procedures, as well as corporate and product information environment public and the establishment of a public right to know and environmental.In the public body, this article will be the main obligation of the Government for the expansion of both the central and provincial level should also include cities, counties, townships and even the district level. At the same time, environmental information provided by government departments should not be limited to the environmental protection sector, should be extended to all sectors, in addition to the legislature and the judiciary and form the central and local governments, environmental protection departments and other departments to coordinate with each other in the form of the main responsibilities of government. The right body doesn't have to prove that there is any special interests relationship between the natural and legal persons, organizations and even foreigners. In the open scope, we believe that our country should learn from foreign advanced on the basis of legislation, first of all, clear public information on environmental exceptions, followed by the need to adapt to international environmental protection and meet the needs of the public right to know, to expand the scope of environmental information for the public, with the exception of clear The list of exceptions to all environmental information. In an open way, I believe that should be targeted at different types of information to take a different approach in public. "(Tentative)" provides for active and passive open public in two ways,is a breakthrough, but only provides environmental protection departments should function within the purview of social initiative of the Government to open the scope of environmental information, according to an application for environmental information public did not define the scope, and is based on the scope of public information to determine the environmental protection sector to the public whether or not to apply for accreditation, and we should learn from foreign advanced system to define "non-public area" clearly .In the open procedure, we have to pay more attention to details such as time limits and fees in the case. The time limit for public information, For the conventional public environmental information, primarily by way of provision of the public on a regular basis.As for the sudden or timeliness requirements, as well as The information of public appling for ,upon request, a public obligation to provide the main information as possible to shorten the period to meet the needs of the information in a timely manner. "(Tentative)" does not require the public to apply for the cost, in order to alleviate the burden of the body, and to put an end to all kinds of unreasonable application, the applicant must also provide information to bear the cost, and should be free to the public The principle of charging the public for the exception. In the enterprises, products information public, improve the business environment in this article from the perspective of the main body of public information, and the responsibility to study.We believe that the main of business environmental information public is the main public and the government environmental protection agency, natural or juridical persons, organizations and all foreigners included; in the content, the public should expand the scope ,including the environmental audit and evaluation, environmental protection, as well as credit Consumption of resources and so on; responsibility in the relief should be based on business should refuse to provide an open environment, the provision of false information environment, the environmental information by the public against the autonomy of business, environmental information by public companies to steal trade secrets to provide the responsibility of the way provisions. For product information public, we should constantly strengthen the environmental label or tag the building, through appropriate legislation in the form of grant to identify and label the assessment of standards and combination of certification system IS014000 to track and Investigate the source of products, materials production and sale of the entire, to make full use of existing WTO rules for the protection and development of China's green industry. In the right to know the environmental information, as a result of our citizens have no legal right to the environment as well as access to environmental information ,thus the right to know the environmental information's legal status is fuzzy ,which hinder the implementation of environmental information public. We are in the Constitution for the right to know the environment in principle, "Environmental Protection Law" in the process of revision, In the general part clearly stipulate that its citizens enjoy the right of knowing and aquiring the environmental information, so as to promote public environmental information system.