A Comparative Study Of Public Participation Rights In EIA System At Mainland, Hong Kong And Taiwan

Public participation in the environmental impact assessment system(EIA system) refers to, apart from development units and examiningauthorities of environmental impact assessment, those relevantauthorities, organizations, local governments, experts and scholars andlocal residents, through statutory or non-statutory methods toparticipate in environmental impact assessment, review and supervisionphases. The right of public participation can also be called participationof public affairs, which means citizens voluntarily and democraticallyparticipate in decisions and management of economic, social and culturaldevelopment of public affairs and the right to share their interests.In administrative decision-making, the participation rights mainlyrefers to, during the administrative policymaking process, the citizensenjoy the right through certain procedures or means to participate inthe administrative decision-making and the right to supervise relatedbehaviors of decision-making authority. It is an significant part ofadministration right to participation and public affairs participation. Hong Kong and Taiwan have the characteristic EIA system for the protectionof the rights of public participation. The comparative analysis on theirdifferences should be studied from the perspectives of participantsselection, participation method and time, information disclosure system,feedback system, organization safeguards, as well as judicial reliefways. Because the content of the right of public participation in theEIA system in China is not specific, which hasn’t gained effectiveprotection. And it is more form than function. The provisions on publicparticipation can not meet the protection of the rights of publicparticipation. Therefore, this paper learns from China’s Hong Kong andTaiwan EIA system, reflects on the application of public participationrights, hence to improve public participation in EIA rights protectionmechanisms.In this paper, the author adopts literature analysis and comparativeanalysis. Based on the legal system of the EIA in three areas, this paperdiscusses and analyzes the data of the relevant institutions, laws andso on. This paper is divided into three parts.The first part is about the development and condition about of EIAsystem at Mainland，Hong Kong and Taiwan. Firstly, it summarizes thetheoretical basis for public participation in the EIA. Secondly, ita brief description the legislation for public participation in the EIA.it introduces public participation in the EIA system at Mainland, HongKong and Taiwan.The second part compares and reflections the rights of publicparticipation in the EIA at Mainland, Hong Kong and Taiwan.Firstly,discusses the basic concept and composition of the publicparticipation rights. And then, it divides the content of EIA, andcompares the participants selection, participation method and time,information disclosure system, feedback system, organization safeguards, as well as judicial relief ways. In the end，gives a reflectionon public participation rights, finds out the common problems of EIAsystem protection at Mainland Hong Kong and Taiwan. From the importanceof public participation rights to the information public, andparticipants range is key elements of public participation rights, theinfluence of participation method upon public participation rights, thetrust crisis between the public and experts, feedback system and judicialrelief ways, it paves the way for the following text of protecting theright to public participation in Mainland’s EIA system.The third part is based on the above reflections, it specify theprotection method for the right to public participation in the EIA:1.Governments and experts need to earn the public’s trust;2. Based onthe improvement of the EIA system and judicial relief system, protectionof the right to public participation should be carried out;3. The publicneeds to enhance their environmental awareness, in order to truly enjoythe right to public participation.