Environmental Protection Public Participation In The Legal System

With the high-speed development of our economic, when we enjoy the benefit of the economic development, the environment is worsening step by step. But in the domain of environment protection, people pay attention to the government and the market. The government is the authority assigner of the natural resources, the rule drafter of the society recreation, the referee of society recreation, it is his main obligation to protect and harness the environment. The market is acting in another way to protect the environment. The effect of the government and the market in the environment protection is important undoubtedly. But the malfunction of the government and the market smashs the illusion of the people, the public participation is pushed to the proscenium of the environment protection. Public participation is the effect mechanism to overcome the malfunction of the market and the government. The mechanism of the public participation is undoubtedly the necessary choice of the implement of the environment law. This paper is a trial to introduce and study systematically the reform and the development of the public participation in the environment protection, which is divided into five parts totally.The first part of this paper is on the conception and the function of the public participation in the environment protection. This part firstly introduce the meaning of the public participation in environment protection, then expound the rank of the public participation, the public identification and the constitution of the public participation in the environment protection. This paper points out that the public participation is constituted by the environment message-knowing, the participation in the environment legislation > the environment administrative participation, the environment judicature participation, the obligation of the environment participation and the public participation in the environment investment directly or indirectly. This part also studys the function of the public participation in the...