Research On Legal Mechanism Of Public Participation During Environmental Emergencies

The current environmental situation in our country is still quite serious,and the ov erall environmental condition continue to deteriorate.As our country’s social economy develops,the environmental emergencies have gradually entered a high-risk situation tha t brought a great threat to the lives and properties of people,caused severe damage to the ecological environment,and produced a lot of social problems.Therefore,to complet e the existing legal mechanism of solving environmental emergencies is very crucial t o cope with the environmental emergencies,and strengthen.The public participation of current in our country exists severe defects such as th e mass’ passive participation.As the mechanism of public participation is not complete i n our county now,we should accelerate the establishment and make continuous improv ement of the legal mechanism for public participation,ensure the public participate in t he solving process of the emergency orderly,encourage the public to participate in it i n different ways.This paper analyzes the issue of public participation legal mechanism mainly from five parts,and combines the practice of practical problems.from the participation subje ct,way of participation,the scope of participation,emergency cultures,et.It also provides t he legal basis for the public participation in environmental emergencies and sorts out t he problems existing in the reality.The first part is the elaboration of the concept of the public participation related to environmental emergency,makes clear what is environmental emergencies,analyzes th e characteristics of the environmental emergencies and makes further classification,desc ribes the basic features of the public participation,defines the basic concept of the pub lic participation legal mechanism in abrupt environmental events.The second part is mainly the analysis of the necessity and feasibility of the publ ic participation in environmental emergencies.The existing problem of the construction of mechanism for the public participation in environmental emergencies makes it neces sary theoretically,and the public’s own development and maturity provides the feasibilit y for the public participation.The third part is the theoretical basis and the practical consideration for the public participation in environmental emergencies.The risk society theory,the theory of crisismanagement and environmental trust theory are the theoretical basis for the participati on of the public in protecting the environment, the legitimacy and rationality of the p ublic participation from the theoretical level.The fourth part introduces the existing problems of the public participation in env ironmental emergencies in our country and then analyzes the causes.From the current s tatus of the legislation and practice in our country,we can get that the problems such as the lack of laws and regulations for the public participation in environmental emerg encies,the inadequate public participation,information disclosure not transparent,the const ruction of environmental emergency culture is not complete and so on,these are severe ly restrict the development of the mechanism of the public participation in respond t o environmental emergencies in our country.The fifth part is for the existing problems of the public participation,puts forwar d the specific countermeasures for construction and perfection.From completing the law s and regulations to ensure the rights of the public participation in environmental eme rgency response and enlarging the public participation, perfecting the information discl osure system and strengthening the construction of environmental emergency culture an d some other aspects to put forward concrete countermeasures.