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Study Of Public Participation In Water Pollution Control

Posted on:2016-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z J HuangFull Text:PDF
GTID:2191330461467721Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of social and economic, it improve humans’material living standards, however, it also brings serious of environmental pollution and ecological damage. Public participation was one of the earliest field in environmental protection. While Chapter five in the new Environmental Protection Law is special regulation on Information disclosure and Public participation, public participation would be played an increasingly role in China. Water pollution is a terribly vexing environmental problem which had a wide range of hazards, complexity, and potential costs are daunting. All of these Characteristics determined that control of water pollution not only rely on the government of authority but also public participation. Nowadays, public participation has already became a key word and the hot spot topic in the public life in our country. Social reforming brings the change of social structure, the awakening of consciousness of public right has changed from "the Obligation Standard" to "the Right Standard" and water pollution is a terribly vexing environmental problem which had a wide range of hazards, complexity, and potential costs are daunting call of "publicity". All of the above have promote the development of public participation in the control water pollution from the horizontal and vertical.The public trust doctrine of environment, the right to environment of citizens and environmental justice theory constitute the theoretical basis of public participation in control of water pollution. The basis system of public participation in control of water pollution has been constructed on these theories, however, public participation in control of water pollution in China still faces with many legal issues. So, it is necessary to draw lessons from western typical countries in public participation system of control of water pollution legislation and practice. Because, it is both an effective form of public participation in the democratic rule of law and an active way of public man who exercised the right of environmental to preserve their own environmental interests in the past thirty years.So, we should improve the public participation system in control of water pollution from legislation, legal protection and legal supervision.Firstly, confirmed the right to environment of citizens in legislation, system requirements for public participation in control of water pollution rules and improve legal incentive mechanism of public participation in control of water pollution that to complete the rule of law in the control of water pollution in public participation which is the sources based of he control of water pollution in public participation.Secondly, our country should disclosure the information of water pollution timely and adequately to solve the shortage of right to known of public participation in control of water pollution information, to enhance public trust in government; construction of information exchange mechanisms with public participation in control of water pollution. To promote the communication of environmental information between researcher and the public. Public opinions would be taken seriously and be deal with in a timely and effectively manner; broaden the plaintiff qualification in environmental public interest litigation, improve the procedure guarantee system of environmental public interest litigation, in order to improve the system of environmental public interest litigation. From the above three paths, achieve the perfection of public participation in water pollution control law protection system. Only by improving the system of environmental public interest litigation, can we guarantees the legitimate rights and interests with public participation in control of water pollution.Thirdly, any achievement of system and movement of authority should have corresponding legal supervision. We should improve the public functions of the monitoring system for control of water pollution and overcome the disadvantages of public participation in the monitoring of the control of water pollution itself, from the two aspects to improvement of legal supervision of public participation in water pollution control is the basic safeguard to the authority disposition and efficient authority movement.The complete of legislation, legal protection and legal supervision are the effective measures to solve the problem of the control of water pollution and then maintenance ecology benefit and impetus environment government by law advancement.
Keywords/Search Tags:Public participation, Water pollution control, Right to environment of citizens, Legal system
PDF Full Text Request
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