A Study On The Legal System Of Disclosure Of Government Environmental Information In Our Country

The system of government environmental information disclosure is a new environmental management system after the mandatory control means and economic means which can play a positive and effective in environmental protection. Especially the United States, European Union, Japan and other developed countries in foreign countries which lead the world in this respect. The government environmental information disclosure in legislation and practice in our country is relatively late. We have made considerable progress in our country since through the "Measures for the Disclosure of Environmental Information (for Trial Implementation)" in 2007 and "Environmental Protection Law" which set up a special chapter " information disclosure and public participation "in 2014.However, government environmental information disclosure in our country there are still some problems when compared with the developed countries American, EU and Japan. In theory, the scholars of our country have adopted the western theories who don’t have their own unique ideas. In legislation, there are the subjects of rights and obligations is narrower, scope definition is more unclear, the relief way is less, Responsibility is lighter and so on. In practice, the government initiative to actively disclose environmental information is not higher and the quality is not higher, Citizens, legal persons and other organizations involved in is also not higher, which leading to government environmental information disclosure in accordance with the application in small quantities.This thesis describes the theory, ask questions and solve problems as the main line, through the method of literature analysis, the method of combination of theory and Practice, the method of Domestic and foreign comparison and so on, analyze the problems of the legal system of disclosure of government environmental information in our country in-depth, propose a perfect legal measures which combination of theory and practice to improve the environment of information disclosure. On improving the rights of the subject, should extend the subject of rights, extended to natural persons and foreign organizations that is an increase of foreigners, stateless persons and foreign organizations. On improving the subject of obligations, should include the township government, State-owned enterprise, State owned holding enterprises, Collective enterprises and Environmental protection NGO; exclude the legislature and the judiciary. On improving the range, should clear definition of government environmental information; open to the public which based on the principle and not open to the public for the exception; set up a special decision-making and the ruling body of exceptions range; improve the quality of information disclosure. On improving of relief and responsibility, expand the scope of the Administrative Reconsideration, the State Compensation and the Environmental Public Interest Litigation; strengthen the internal supervision; improve the external supervision mechanism.In this thesis which in order to provide suggestions the law revision for the government environmental information disclosure, supervise environmental public authority, don’t have the right to be capricious; promote the expression of environmental benefits, ensure the environmental interests of the public; encourage companies to reduce emissions and enhance the image of the corporate, ensure that the public living in the environment which have blue sky and clear water; guarantee sustainable socio-economic development...