On The Right To Our Country's Environment Know And Legal Protection

As a right , the rights to environment know first originated in the administrative system on the right to know, refer to the right that the public gains to in the homeland even in relation to information such as the world environment situation , country's environmental management situation and self's environment status fully access, easy access .The rights to environment know is to make up for environmental rights shortcomings in the legal practice, so that environmental rights have a practical operational, and have effective remedies against the post. 2003"Kai County blowout" and 2005 "Songhua River pollution" environmental pollution emergencies, exposed to the rights to environment know of inadequate legislation and serious absence in practice. 2008 "Open Government Information" and "Open Environmental Information (Trial)" The promulgation and implementation environment for the protection of our citizens'right to know the legal basis. However,"The law life is it's implemented."A series of not unpublicized information opacity, leading to lack of proper respect for the environment to know the frequent occurrence of cases also shows that we should only further improve the China's environmental legal system of the right to know, better promote the implementation of existing law and application , the public are duly protected.The article has started with fundamental environment right to be informed theory problem, adopted "raise questions - analysis of problems - to solve the problem" of ideas to write. The article elaborates the main body is divided into five parts:Part I wields synthetically analysis method, problem studying fundamental environment right to be informed theory mainly. Primo , brief background , secondary brought forward by the right to be informed having introduced an environment, right to be informed basic concept and character give a boundary to the environment stable on the basis synthesizing the theory boundary viewpoint's , think that environment right to be informed is that one of right to environment derives right on the character; Be one procedure right; Be that right to be informed is in democratic field of environmental protection administration embodiment. To have set forth an environment .final, thorough the rights to be informed including logically three compose a key element: the right of the main (natural persons, legal persons and other social organizations) and obligations of the principal (the environment of public authorities and enterprises), object (environmental information), content (known, applications for assistance and access to relief).Part II goes deep into the route excavating and analyzing environment right to be informed realization. Environment information makes and the basis being a prerequisite for realizing environment right to be informed known to the public, main way is that the open environment information duty main body makes environment information known to the public and applies for passive open environment information according to a subject of right on self's own initiative according to legal call for, the author says whose needs to build system, uses law to give a gauge system for system route. Concretely, to our country, including that government environment information makes the sum enterprise environment known to the public, information is known to the public. Besides, a few individual, non-governmental organization NGO and media caring for protect the environment etc. spread environment information spontaneously, the realization also to environment right to be informed gets up to certain positive role, the author says the person is to be not system route, need takes seriously, give correct guidance. This part is the Part I stretching, system provides a basis to look forward to perfecting environment right to be informed.Third has analyzed method comparing with that Part IV applies demonstration analysis method to draw, has set forth the current situation that environment right to be informed protects abroad and in the homeland mainly. Mature legal system carries out analysis and the place of drawing lessons summing up but providing our country on advancement that the developed country protects with area (include European Union, USA and Japan mainly) environment right to be informed abroad first. The secondary protects current situation and relevance case combining with home and abroad environment right to be informed , suggest that our country environment right to be informed protects the legislation deficiency and practice defect there existing in aspect, if not clear stipulation environment of legislation right to be informed; Now have legislation insufficiency unitarily; Open information content is strong with form insufficiency , special field; Enterprise , product environment information make portability difference known to the public; Relieve approach not improving and perfecting ,and so on..Part V is the main body of a book place of priority, be also the main body of a book subject location. Carry on all above every part , bring forward our country environment right to be informed perfect law frame thinking of protecting, begin to write or paint mainly from three links: The legislation link, accelerates first, a legal system building , perfects environment right to be informed legal protection system; Second, enforce the law the link, is put into effect conscientiously already having laws and statutes , perfect administration practice handles; Thirdly, the judiciary link, consults and uses abroad regulation for reference, the perfect judiciary relieves system. The judiciary attempting construction our country environment right to be informed relieves system , make every effort to can secondary legislation , all-direction protection of enforce the law and judicial three links pair of environments right to be informed go along. Specific recommendations are: clearly defined environmental right to information legislation; introduced specialized environmental information disclosure law, improve the content and form of environmental information disclosure; refinement government, business, product environmental information disclosure mechanisms; protect the public who applied the right of access to environmental information; strengthen the administrative reconsideration and administrative proceedings apply; deepen a reform of the judicial system etc.