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Ngo Participation In Environmental Protection Legal System

Posted on:2009-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:C X LiFull Text:PDF
GTID:2206360248450890Subject:Economic Law
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In the second half of the 20th century, the rise of Non-governmental Organizations (NGOs), have an important impact on the world's political, economic and social development. They play an important role in various areas, especially in the field of environmental protection. Therefore, the research on related issues to the environmental protection participation of NGOs, especially the issues of legal system, has important theoretical and practical significance in promoting Chinese environmental protection work.There are many of the issues involved in the research of the legal system of the environmental protection participation of NGOs, one of the most important of the three dimensions are the effective protection of the right of association, the right to participate in environmental protection, as well as the support of the legal system of taxation. This paper will expose these parts as the core, and start in the order according to the following structure.The first part mainly introduces the reasons and backgrounds of the participation of NGOs.On the basis of analysis the concept and characteristics of NGOs, I will expose the necessities and the possibilities of the environmental participation of NGOs.The necessities lay in the fact that environmental protection as a difficult and complex project can not be completed alone by some of the main social: Although the market is an effective mechanism for environmental protection, but there is market failure; Although the government on the environmental aspects powerful, but there are also a question of government failures; The traditional litigation system has some obstacle in the environmental rights relief, and there are many difficulties in the implementation of the environmental rights for the limited strength of individual citizens. At the same time, the rise of the theory and practice of public participation provide a basis for NGOs.The possibility lay in the fact that the characteristics of NGOs determine their can be effectively integrate environmental protection force, with information and technological advantages, and have a strong independence and flexibility, so as to able to play an important role in environmental protection.The second part is a brief description of means the NGOs participate in environmental protection.The basic route is three-fold: First, the path of government, on the one hand, promote the development of a legal system to protect and improve, on the other hand help to oversee the implementation of environmental law and environmental policy implementation; Second, the commercial enterprise path, on the one hand, supervise the enterprises' behavior of the environment,, on the other hand in terms of environmental protection cooperation. Third, the civic path is mainly play the role of NGOs, such as environmental advocacy, information media, as well as direct participation in environmental protection of the right.The third part focusing on study the difficulties faced by the NGOs in our country when they involved in the environmental protection, and then analyze the reasons in the legal system.The first difficulty the NGOs faced by is the harsh registration management system, and the embarrassing legal status, the specific performance: dual management system obstacles, restrictions on competition, the unreasonable request in minimum number of members, as well as the closed conservative to the foreign NGOs. Second is the lack of independence, such as the government-run flavor, excessive administrative intervention and so on. Again, the lack of legal right to participate in environmental protection: the lack of a sound legal system to protect the right to environmental information, the right to participate environmental decision-making and the right to request. Finally, NGOs involved in environmental protection funds facing difficulties, such as shortage of funds, irrational structure of the revenue, and it will impact of the participatory role to play.Causing the plight of a number of reasons, but the most important issue is related to the legal system is far from perfect. For the main performance, the smaller number of the related laws and regulations, and the system is not perfect. The legislation was also seriously lagging behind, the legislative lower level.PartⅣof the major countries of the world related to the legal system to compare and learn from.First, from the registration and management system, the current international model, there are two, one is the United States and Canada as the representative of the criteria, and another on behalf of Singapore and Thailand for the license, and two each with advantages and disadvantages, however, the criteria for more advanced; Second, in the protection of the right to participate in environmental protection of NGOs, compare the various major countries in protected mode from three aspects, such as environmental right to know, right to participate in environmental decision-making, the right to request, the different models of the value of China is different, we should reference them according to our actual situation. In the end, in order to encourage the active of NGOs to participate public welfare undertakings, all the major countries provide better public welfare activities of the fiscal and taxation support and preferential treatment to NGOs,.In the PartⅤ, I will make some suggestion of improving relevant legal system.In view of the problems the NGOs faced by when participate environmental protect, and the legislation status of our country, and drawing on advanced foreign experience, our legal system should be improved from the following areas:First of all, we should improve the society legislation, reform registration management system. In practice, one is unified society legislation, and the second is to reduce the conditions and change the double registration management system, the third is to strengthen supervision and management, the fourth is conditional on the opening of foreign non-governmental organizations restrictions.Secondly, we should fully protect NGOs participation rights in environmental protection. From the point of view of protection of the right to know, develop and improve the information disclosure law, and recognize and protect the right to know of the public by the environmental law; recognize the right to participate in the management of state affairs, social affairs of NGOs by relevant laws , amend and improve the "Environmental Impact Assessment Law" and other relevant laws and regulations, in order to ensure that public participation in the authenticity and validity at the same time; For the effective achievement of the environmental rights of relief, the procedural law should also be revised and improved, in conjunction with environmental legislation, in order to introduce the litigation system of public environment interest.Overall, the recognition and protection of the right to participate in environmental protection, is the key issues of the participation of NGOs.Finally, in order to encourage NGOs to participate actively in environmental protection, and taxation should be made to support it. provide complete support on preferential fiscal and taxation for NGOs to participate in public welfare undertakings especially in the environmental activities can be established by society related laws and regulations, and financial laws and policies, tax laws and tax administration system,Above all, NGOs is facing many problems in the process of the participation in environmental protection, but the basic issues can be easily resolved as long as through the improvement of the relevant legal system and a full guarantee of the citizens' right of association, public administration, social affairs to participate, to be complemented by fiscal and tax laws support. The full participation of NGOs will greatly promote the development of Chinese environmental protection cause.
Keywords/Search Tags:Non-governmental Organizations, environmental protection, public participation, the right of association, the right to participate, legal system
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