Research On Improving The Mechanism Of Public Participation In Water Resources Protection

With the development of the society, the progress of science and technology, protection of water resources is increasingly brought to the attention of the governments and people from all walks of life in China. As the environmental protection consciousness enhancement and improvement of legal consciousness, the public as the main body involved in the protection of water resources is increasingly getting recognition and attention, and has become the indispensable backbone. We do this research from the perspective of functionalism, and the water resources protection mechanism of public participation is divided into four mechanisms.They are mechanism of information knowledge, communication and coordination mechanism, supervision mechanism as well as the right remedy mechanism.We uesd the method of literature research, questionnaire and case analysis on the mechanism of these four mechanisms. Through the study of laws, policy and the research results at home and abroad, and the analysis of field survey, we found that the current public participation mechanism of water resources protection in China has been preliminarily established, and it can operation under the rule of law and policy, but there are still some problems in the water resources protection mechanism of public participation.In the information mechanism, there are some problems such as the subject of information disclosure is not clear, the content of information disclosure is not comprehensive, the accountability and relief mechanism is not complete.We found the causes of these problems as the followings: the local government want to protect the local economic development, enterprise hope to escape punishment; the passive psychological of the public.In terms of communication and coordination mechanism, due to the procedural provisions are not clear and the relief way is not perfect, the response ability of government is weakening and the government’s credibility is falling.In terms of supervision mechanism, due to the differences of the public’s motivation, and the administrative procedural law is yet to be perfect, the incentive mechanism is not well and the public can’t get effective response when they use the right of supervision.In terms of right relief mechanism, due to the development of society and the change of public demand, and the public interest litigation requires judicial resources and the NGOs are running bad because of lack of money, the subject rights of public interest litigation are unclear, and the qualification of the subject in public interest litigation is strictly limited,and technology and the funding support is not enough.In this paper, we proposed solutions combining the actual situation in our country with advanced experience of foreign countries as the followings. At first, we should strengthen the public’s consciousness of participation and environmental protection. Next, we can perfect the related laws and regulations to ensure the rights of the public. Then,we have to strengthen the government response and accountability. At last,we need to increase capital investment on nongovernmental organizations.When the information informed mechanism, communication and coordination mechanism, supervision mechanism, and the construction of right relief mechanism are strengthen and become perfect, we will finally build a perfect mechanism of public participation in water resources protection which can able to efficiently run for a long time.