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The Principle Of Public Participation In The Environmental Law

Posted on:2011-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:X S LiuFull Text:PDF
GTID:2166360305451053Subject:Law
Abstract/Summary:PDF Full Text Request
Public participation is a basic principle of Environmental Protection Law, which refers that citizens are authorized to participate in and carry on all activities equally related to the environment rights and interests, such as the environment legislation, the decision-making, the enforcement of the law, the judicature and so on. The principle of public participation is the concrete embodiment of the basic values of environment, such as environment democracy, environment government by law, environment justice and so on, which play an significant role in the supervision of the law-abiding of government, safeguarding the good implementation of Environment Protection Law as well as advancing the activities of the environment protection, etc.From 1970s, that the public should participate in the environmental protection has already become an important system in the environment laws of many western countries. Take for example, the American Clean Air Act and Clean Water Act and other laws which were promulgated in the 1970s have made the detailed stipulations to the system of the public participation. In the international environment legislation, the Rio Manifesto adopted by UN Conference on Environment and Development in 1992, stipulated explicitly:"The environment problems should be better to solved in the related ranks with the participation of citizens. Each person should be able to obtain the environment materials the public authorities have, including the materials about the hazard substance and the active material in its communities, and should have the opportunities to participate in each policy-making. Meanwhile, various countries should facilitate and encourage the public to understand and participate them through providing the materials widely."The public participation is also the basic principle of our environment laws. The Decision of the State Council on Several Issues Concerning Environmental Protection announced by the State Council in August,1996, has emphasized:The mechanism of the public participation should be established, the role of non-governmental organizations should be also played, meanwhile, the public are encouraged to participate in the environmental protection and reveal and expose all kinds of behaviors which violated the environmental protection laws and regulations. This stipulation has indicated the attitude and policy of our government toward the public participation in the environmental protection. The public participation as one kind of concrete legal request has appeared for the first time in the Administrative Measures of the Environmental Protection of Construction Items promulgated by the State Council in 1998. Moreover, Environmental Impact Assessment Act of the People's Republic of China adopted in October 28,2002 is more accurate. In addition, The Interim Measure for the Public Participation in the Environmental Impact Assessment issued by the State Environmental Protection Agency on February 14,2006, provides legal guarantee for the implementation of the principle of public participation.The article starts with the concept and the practical significance of the principle of the public participation, and then analyzes the current situation and problems of legislation for the public participation. Meanwhile, on the basis of reference of overseas successful experience, the suggestions are made for consummating the principle of the public participation in our country, which are expected that the principle of public participation could be obtained full implementation and play the important guidance role in realizing the goal of sustainable development of the environment laws.
Keywords/Search Tags:Public Participation, Environmental Right, Environmental Protection, Perfection of Legislation, Environmental Public Interest Litigation
PDF Full Text Request
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