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On The Legal Guarantee Of Environmental Right To Know

Posted on:2015-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2176330431478247Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental right to know is a kind of rights that the subject legally entitled to obtain, to know the information about the environment and environmental policy-related. It is a new right which arise with the worse situation of the environmental pollution and the development of environmental democratic process. Environmental right to know is both a prerequisite for public participation in national environmental management and the necessary democratic process for environmental protection. The environmental problems in China are becoming more and more prominent and also the Environmental Group Events take place frequently in recent years. After studies, the reason of these phenomena is that the existing environmental interests conflict coordination mechanism can not meet the needs of the public; people’s demands channels insufficient unobstructed and environmental protection measures are not fully implemented which caused by the public’s Environmental right to know has not been effectively guaranteed. Under the circumstances of lack of Environmental right to know’s guarantee, the public has no awareness about the environment that they are living in. Furthermore, they might not be able to know the possible environment pollution around them and how to respond after the pollution occurred. With the development of environmental democratic process, the public expectations and attention to environmental protection has increased significantly. Also the demand of environmental information has enhanced. Based on the significance of environmental issues and the fundamental functions of the Environmental right to know in environmental issues mechanism, from the abstract level, to explore the legal protection of the Environmental right to know is beneficial to reflect and complement the environmental laws, other legal department sand the Constitution fundamental principles which is the basic law of the legal system. While from a more specific level, it helps to promote the environmental information sharing and to increase the transparency of environmental governance; at the same time, it also ensures to resolve the environmental issues based on science and democracy. In addition, to explore the legal protection of the Environmental right to know can protect people’s existence and development rights to the most degree.Currently the world and the international community have realized the importance of Environmental right to know and are continuing to work towards these ends. Reviewing the legal protection of the environmental right to know in China, the change from the indifference to the gradual appearance of some legal norm, which is designed to identify and protect the environmental right to know is caused by the lessons that can be learned from numerous environmental pollution incidents. It is certainly a heavy price to pay but it also warn us to understand that the environmental protection can not be done at one go. As a fundamental right, Environmental right to know is not only the effective means of public scrutiny of environmental public authority and preventing infringements of environmental events, but also a necessary requirement to build a democratic, law-ruled and harmony society.This paper is divided into four parts. Start with the fundamental concepts and elements of Environmental right to know, this paper will explain the existent meaning of Environmental right to know for environmental protection and social governance, at the same time, to define the relationship between Environmental right to know and environmental information disclosure. Afterwards, this paper will dissect the present situation of the legal protection of Environmental right to know and analyze the reasons of these problems based on the typical environmental pollution accidents occurred in China in recent years, there by to include, analyze and compare the environmental protection experience and the guarantee system of the Environmental right to know from extraterritorial developed countries. At the end, this paper will offer some feasibility recommendations. From reading up the aspects of strengthening the government’s responsibility, defining the relevant legislation and enhancing the public awareness of environmental protection to explore a new approach for the environmental protection in China positively and to actualize a very real beautiful China.
Keywords/Search Tags:Environmental right to know, Environmental Information Disclosure, Environmental Information
PDF Full Text Request
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