China Environmental Impact Assessment And Public Participation In The Legal System

Environmental protection is necessary for the living and development of mankind, and the effect of the protection on a large extent depends on the degree of public participation in the environmental matters. It is a tendency of using legal measure to guarantee public participation in protecting environment all over the world. As the embodiment of democracy in the environmental matters, public participation has widely been a basic principle of the legal system of environmental protection and has exerted important function in the practice of environmental protection in many countries. In the construction of legal system of environmental law in our country.In the construction of legal system of environmental law in our country, the first environmental regulation Convention On Enhancing International Financial Institution Credit Construction Management in 1993 requires clearly that the public should take part in the environmental impact assessment. In 2006, Publishing the laws Interim Procedure On the Public Take Part In Environmental Impact Assessment makes the principle on environmental impact assessment become complete and explicit, forming our country characteristic the environmental effect appraisal system. This article elaborate the insufficiency and the consummation of our country environmental effect appraisal public fromfour aspects, unifying published newly promulgates Interim Procedure On the Public Take Part In Environmental Impact Assessment.First chapter elaborated the insufficiency and the consummation on our country public participating the object in the environmental effect appraisal. Firstly, summarizing present situation on our country public to comment the object: Mainly including the basic construction and the partial plans (mainly is special plan); next, compare with the overseas, the object which our country public participant have the certain limitation; finally, absorbing the advanced experience overseas, we should expand the object, increasing the policy, the legislation and so on, and simultaneously gives attention to the region overall environmental effect appraisal.Second chapter analyzes the main body that takes part in the environmental effect appraisal in our country. In our country laws, the stipulation main about the body of participating the environmental effect appraisal is sense of principle, usually all using "related" to limit the public scope, simultaneously the interrelated legislation overseas also does not have the quite comprehensive stipulation. So, I think (1) as public's spokesman, environmental protection organization during the environmental management, the environmental protection is the effective organization forms; (2) establishing the main body about strategicenvironmental effect appraisal; (3) strengthening the benefit protection about the special main body.Third chapter discusses about our country environmental information publication system. Firstly, talking about the relation between information publications and the public participation, including general principle and he public to the information feedback. Next I think we should enrich the content about environment: (1) the government should delicate the environmental content; (2) should increase the responsibility about information publication body. Finally speaking of the way to public environmental information, we should develop the passive public way.Fourth chapter summarizes the participation form in the environmental effect appraisal correlative Environmental legislation of our country and other countries, the form mainly includes: the poll, the seminar, hearing and so on, and analysis each kind of organization form's Characteristic. Drawing the conclusion that comparing to other forms the hearing has unique superiority; Speaking of our country, I think we should perfect the form -hearing...