Research On The Innovative Paths For Public Participation Mechanisms In Environmental Impact Assessment Approval

Adhere to the basic national policy of protecting the environment,according to the rule of law,the construction of ecological civilization,the rule of law society,is the main body of the times,is to build an important stage of Chinese dream.China's economy after 30 years of reform and opening up unremitting efforts,has been recognized by the world's achievements,but the rapid economic development has also brought unprecedented pressure on the environment.Economic development caused by excessive consumption of the environment,resulting in air,water,soil and other polluted phenomena occur frequently.Environmental problems will not only inhibit the economic development,but also seriously restrict the improvement of people's quality of life.China in 1989 formally released the "Environmental Protection Law",the law introduced the environmental impact assessment system.In September 2003,China adopted the Environmental Protection Law as the basis of the Environmental Impact Assessment Law,which made it more legalized.The Environmental Impact Assessment Law became an important part of the environmental legal system.The With the deepening of market diversification,more enterprises for the immediate economic interests and ignore the protection of the environment,coupled with the lack of protection of the public awareness,resulting in the deterioration of the environment,the people of clothing,food,travel and other inconvenience The However,the generation of fog gradually low-carbon travel into the lives of people,drinking water,the increase in the content of harmful substances so that people gradually began to use non-phosphorus detergent and other water products less impact on the daily necessities,crops are polluted to the public In addition to realizing that daily life behavior can reduce environmental pollution,people began to understand the behavior of environmental law enforcement supervision and environmental pollution behavior is one of the ways to protect the environment.In order to pollute the environment can be effectively and timely management,environmental protection departments to strengthen the supervision of polluting corporate governance behavior and pollution companies do not act in accordance with the provisions of the punishment.In order to cooperate with the environmental protection departments of supervision,supervision,punishment and other work more legitimacy,give full play to the public participation in environmental affairs subjective initiative,China has developed and amended a number of laws and regulations,which includes the newly revised "Environmental Protection Law","Environment Protection of Participating Measures ",the newly revised " Environmental Impact Assessment Law " and so on.The new "Environmental Protection Law" to add information disclosure and public participation in two elements,the purpose is to make information disclosure and public participation in China's environmental law system one of the principles.In recent years,such as Xiamen Haicang PX project,Tianjin "812" explosion accidents and other environmental accidents continue to occur,the public's environmental awareness gradually increased,began to focus on environmental issues,began to understand the environmental impact assessment system,and that the Theimportance of the system to the environment.Environmental impact assessment has three stages,namely,the preparation,approval and ex post review of the environmental impact assessment report,among which the EIA approval stage is the most important.As a result,more and more public participation in the approval of the EIA approval.As China's environmental impact assessment system itself has limitations,the relevant provisions of public participation are concentrated in the preparation of environmental assessment stage,less involved in the EIA approval and after the review stage,especially the EIA approval stage.Therefore,the process of practice,can not rely on the law to improve the EIA approval of public participation in the encounter many problems.This paper argues that the public participation in the EIA approval stage in the information disclosure,participation,security system and other three aspects of the problem.First of all,the information disclosure stage of the problem is mainly reflected in the approval of the disclosure of information in the main body is not clear,the content of public information less open way is more single and so on.Secondly,the scope of the participation phase has the limitation,the participation stage is manifested in the feedback to the approved EIA document and the approval result,and lacks the supervision and approval of the examination and approval work.Thirdly,the subject of public participation in the examination and approval is confined to the individual,collective and participant in the surrounding area where the project is located.It has a strong objectivity so that it can not reflect the contents of the environmental impact assessment comprehensively in the process of participating in the environmental impact assessment Against the public's environmental rights and interests.Finally,due to the imperfection of the public participation system in the EIA approval,when the citizens' environmental rights are infringed upon in the process of EIA approval,the relevant departments often can not deal with the illegal infringement of citizens' feedback,which leads to the citizens' To timely and effective protection.In this paper,the typical environmental accidents in recent years as the starting point,through the analysis of the causes of environmental accidents caused by the approval of the environmental impact assessment content of the problem of false fabricated at the same time,but also with the approval of the work does not follow the procedures for approval of the phenomenon.And the frequent occurrence of this phenomenon is because the public participation in the EIA approval in the information disclosure,participation,security system and other aspects of the lack of effective legal system.Therefore,this article to the EIA approval of information disclosure,public participation and related security system for the research direction.First of all,through a clear EIA approval of the main body of information disclosure,to expand the scope of public information,etc.to improve the EIA approval information disclosure system to make up for the EIA approval of information disclosure defects for public participation in environmental assessment approval basis.Then,through the approval of public participation in the EIA,the scope of the system to improve the public participation in the full assessment of environmental impact assessment process.Finally,by broadening the feedback channels,improve the supervision and approval system,the development of the approval of illegal penalties and other methods,from the "positive and negative" two aspects to protect the environmental rights of citizens.This paper analyzes theexisting problems of public participation mechanism in EIA examination from three aspects,and studies the method of solving the problem from eight levels,and finds a new way to improve the public participation mechanism in EIA approval.The improvement of the public participation mechanism in the EIA approval is to make the public participation in EIA approval more institutionalized and standardized.The purpose is to make public participation into a fixed link for EIA approval so that not only the public can legally legally protect their own environmental rights through law,The approval department can also take the initiative to organize public participation in the approval process,to avoid the public lack of initiative,the approval department in the approval process to bypass the public participation stage,but also to speed up the construction of the rule of law society to play a certain role in promoting.