Research On Legal Issues Of Public Participation During Environmental Emergencies

The current security situation grim environment in China, environmental emergencies asthe shadow follows the form in the process of China’s social and economic development, thehigh trend has not been fundamentally curbed,to the people’s basic living environment hasbrought great damage, to have a huge impact on social stability. Establish and improve theenvironmental emergency response system of law, is the route one must take effective responseto unexpected environmental events, and the public participation system construction andimprovement of changing government traditional unified response mode, the effectiveprevention and disposal of sudden environmental events is very important.Extensive and effective public participation is an important experience successfulcountries in the world to deal with environmental emergencies. The public is the object of directvictims of environmental emergencies, but also the environmental risk emergency managementto protect, but also is the role of environmental events help themselves. The public should playin response to environmental emergencies in multiple roles, and the current lack ofeffectiveness of public participation, orderliness does not exist, extensive enough, not reallyinvolved in the formation of a just legal system. In the current lack of strong demand andinstitutional context practice, should effectively build and continuously improve environmentalemergencies public participation system to a wide range of laws and regulations to protect thepublic, effective, orderly, rational way to participate in environmental emergencies the wholeprocess to deal with them. Environmental emergencies Public participation is an orderly,rational effective participation of the participating subjects taken in response to the differentstages involved in different ways to play a different role, in order to optimize the allocation ofthe whole of the public forces to achieve public participation maximum effectiveness.This paper mainly from four parts of our country environmental emergencies publicparticipation in the analysis, summarize, and combined with the reality of the current situation of environmental emergencies presents the specific system to build and improve ourenvironmental emergencies in public participation measures.The first part is to define the basic concepts of public participation in environmentalemergencies, and environmental emergencies clear the basic meaning, characteristics andclassification, combined with the legal meaning of public participation, to determine the basicconcept of public participation in environmental emergencies in that subjects participating inthe joint participation of legal norms in an orderly manner to environmental emergencies indifferent stages, play different roles in the whole program participation.The second part describes the theoretical basis of public participation in environmentalemergencies, and to explore the significance of its value. Including environmental publicproperty and public trust doctrine, environmental rights theory, environmental interests andresponsibilities of citizens theory and social theory, theory expounded their legitimaterationality. Important practical significance mainly in improving the efficiency ofenvironmental emergency, promote social harmony and political stability and promote theprocess of democratization and so on.The third part is the reality of the diagnosis of our current public participation inenvironmental emergencies, combing and outlines the current situation of public participationin environmental emergencies in the current, and explores the main problems. The mainproblem of the current status our country the legislation and practice our country environmentalemergencies shows that public participation in the system has a huge space and reality soil, butthere is lack of laws and regulations, lack of system operation, imperfect information disclosure,environmental emergency such as poor construction of cultural exchange, seriously restrictingthe development of China’s environmental emergencies in public participation.The fourth part is the status and put forward specific issues to build and improvecountermeasures. Legislative confirmation from the relevant rights, legal protection systemoperation, environmental emergencies with effective information disclosure and strengtheningenvironmental emergency response and other aspects of culture specific countermeasures.