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Research On The Problem Of The Legal System Of Environmental Information Disclosure In Chinese Government

Posted on:2015-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2296330503975184Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In today’s society, information has penetrated into all fields of people’s life. At the same time, the modern economic development has brought about environmental problems have become increasingly prominent, the topic of environmental protection unprecedented attention, and environmental protection cannot do without accurate knowledge of the real environment information. In the first part of this paper, it defines the concept of information from the environment, then further defines the concept of information disclosure and the disclosure of environmental information. The government and its departments of environmental management functions with major environmental information, is the main body of information disclosure. Based on the definition of related concepts on environmental information, the disclosure of government environmental information demand is divided into administrative management and the administrative relative person two, and the people’s sovereignty theory, environmental right theory and public goods theory as a basis for the system of disclosure of government environmental information theory. In addition, environmental information disclosure is an important responsibility of the government, organization and equipment, technology, environmental protection administrative departments at all levels of support for the government environmental information disclosure provides the possibility of. Environmental information disclosure in the government, shall abide by the principle and criterion related, such as the comprehensive public principle, timely and convenient principle and the principle of right remedy.In the reform and development under the background of the times, the Chinese government established the ruling principle of "service oriented government", but overall, the legal system of environmental information disclosure in our country is still in the initial stage. The second part of the article reviews the legislation of environmental information disclosure, including the "theory" in the constitution, protecting the right to know the environmental protection legislation, the relevant provisions of the administrative legislation on the disclosure of government environmental information and the special legislation for government information open. Encounter 29 information sent from the Southern Weekend Newspaper open form about, proposed that our country present government environmental information disclosure legal system has the following four points, respectively: the legislative level is low, the lack of recognition of the environmental right to know the legal status of the subject; the scope of government environmental information public setting is too narrow; government environmental information public scope and content is not clear; the government environmental information disclosure of the corresponding relief system is not perfect.The third part of the article reviews the legislation on the issue of disclosure of government environmental information in foreign countries, analysis of the four legislative models in the world, and to America, EU and Japan’s legislation is represented in detail, including the specific legislation and practice, and puts forward the brings to the system construction in China enlightenment.Based on the previous three chapters, the fourth part puts forward to perfect the legal system of the disclosure of government environmental information include five aspects: separate legislation, clear the public environment right; to broaden the scope of the disclosure of environmental information subject of right and obligation; define the scope of the disclosure of environmental information and content; improve the methods and procedures of disclosure of government environmental information; improve the government environmental information disclosure in the relief system.
Keywords/Search Tags:Government, Environmental Information, Environmental right to know, Open
PDF Full Text Request
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