The Study Of The Law Of Public Participation In EIA In The Procedural Legal Paradigm

The procedural legal paradigm brings critical and reflective flavour to the study of the law of public participation in EIAIt brings to the field the interpretation of new understanding in public participation in EIA. The EIA public forms of communication and negotiation procedures and legal institutionalization of public participation in EIA of negotiations level become the core meaning of the law field.The first chapter of the paper is a conceptual preparation for the procedural legal paradigm,and the basic concept is the communicative rationality. The communicative rationality is based on the inter-subjectivity, and located in the language and procedures, no longer being able to be restored as the ability of human. The communicative rationality contains facts of authenticity, legitimacy and sincerity validity claims. Through the preparation of the concept, pointed out that procedural legal paradigm is various social actors on how to realize their own rights, how to solve the problem and the background of how to treat the administrative power with legitimacy problem whether such procedural understanding of meaning. The second chapter lists the rights of the public participated in EIA,explain the theory of the realization of rights from inter-subjectivity, presents the principle of discourse, point our that the overlapping of each other of the principle of discourse and legal institutionalization<Interim Measures> is the logical origin of the public rights in the EIA. The third chapter discusses the legislative nature of the decision of EIA, analyse the practical problems,the ethical and moral problems which the EIA decision-making to solve and the<Interim Measures>organizational form of public participation,consider that the EIA decision is legislative decision. The fourth chapter discusses the procedure of public participation in EIA of the specific operational approach and dialectical logic, around the three questions of practical discourse, moral discourse ethics discourse and public participation in EIA, which has the legitimacy of the EIA decision-making. The fifth chapter first to default on the external tension between the factual normative constitutional state separation of powers of self understanding and implementation of laws and regulations of the EIA according to empirical administrative power operation process, and then dispelling the tension by the communicative structure of EIA public sphere.