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Environmental Protection Public Participation In The Study Of The System

Posted on:2013-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:J C LiFull Text:PDF
GTID:2231330395470800Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of industrialization and the material is highly developed, mankind is faced with the increasingly serious environmental problems, how to promote economic development while protecting the environment, to achieve the harmonious development of man and nature has become the subject of all human beings face. Environmental problems related to the improvement of the system. Compared with other environmental systems, the role of public participation system is particularly important, and the contradictions of economic development and environmental degradation, environmental protection work requires the participation of society as a whole, if this system works just rely on government intervention and market regulation, it is impossible to fundamentally to perfect. Environmental resources is a public good resources other words, non-exclusive, genuine public participation to environmental protection in order to reflect the public acceptance of public decision-making process, and this decision-making process is precisely with the public interest direct closely related. Public participation to take full advantage of the potential social, and avoid the conflict of the allocation of resources, build public trust.However, China is a long walk the road of a planned economy, the strategy is also biased towards the government-led, the relative lack of public participation of the social management awareness, the idea of environmental protection by the government,"a long period of time, which makes the public in environmental protection work shouldthe positive role played neglected, China’s environmental protection to some extent the lack of public participation in this important link. In addition, public participation in environmental protection legislation has not been perfect, especially the effectiveness of public participation is not clearly defined. Public participation as an important part of environmental protection, there are many problems in the practice of our country can even say that does not already exist on the true meaning of public participation, lack of legal recognition and guidance is the main reason, making the public opinion has not been a final decision adopted, I do not know how to make an objection, nor did it require a clear right to request more out of the question contrary to public opinion when the decision-making body should be taken to remedy. This does not conform to "state power in the origin comes from individual rights, and in the ultimate sense, should serve the rights of individuals, to achieve the organic unity of the rights and powers of the essential requirement of modern democracy and the rule of law "principle.This article is divided into three parts, the main content and the logical relationship is as follows:The first part of the theoretical basis of public participation. System elements discussed theoretically:Public trust and environmental rights in public participation. Theoretical premise, only really understand this part in order to continue to study the connotation and extension of public participation. The value of public participation. Embodiment and the system reflects the will be discussed in detail in this chapter. With the first chapter of the basic theoretical research.The second part focuses on analysis of nationally and internationally in public participation practices, and to expand the status quo analysis and research in public participation. China’s environmental protection public participation in the work of the achievements and shortcomings in terms of legislation, enforcement, and legal responsibilities identified and so depth.The third part of China will establish the system and improve environmental protection public participation to some ideas, with emphasis on awareness-raising education, improve rights legislation to establish a system to protect, and public participation. Convergence match the system and environmental protection system in order to expand public participation in the scope of the environmental administrative decision-making, and improve public participation in environmental administrative decision-making process, strengthen the public environmental law enforcement to participate in the intensity."The ultimate goal is to really build a modern democracy and the rule of the principles of public participation system.
Keywords/Search Tags:Environmental rights, Public Participation, Environmental Public Interest Litigation, Full participation in the mechanism
PDF Full Text Request
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