Research On The Rule Of Law Of Chinese Civil Environmental Organizations Participating In Social Governance

In the background of state ruled by law,government ruled by law and society ruled by law,the rise of governance theory and the vigorous development of Chinese civil organizations offer civil environmental organizations the objective conditions.In recent years,environmental organizations in China participate in environmental governance widely,enhance the public's awareness of environmental protection and environmental laws by organizing environmental propagation and education,exercise rights of legislative suggestion and participate in government environmental policymaking to limit the public authority,assist environmental protection laws and regulations related to implementation by monitoring,reporting and accusing environmental violations,provide environmental public service,to realize the diversity of environmental governance.However,under the background of the construction of the rule of law society,Chinese civil environmental organizations are faced with a series of difficulties in participating in social governance.The rules of self-government within civil organizations are not perfect,their autonomy is weak,and external legal norms focus on management and neglect the development of civil environmental organizations.The level of legislation is low and the lack of a unified civil organization law exists.The legislation pay attention on management and neglect to protect the autonomy of civil environmental organizations.The supervision norms focus on prior approval and neglect fter-event supervision.The thinking of concerning only with economy has not changed.The public recognition of civil environmental organizations feels not good.The transformation of the rule of law of civil society organizations in China is the trend of the construction of the rule of law society today,which can overcome the existing difficulties and problems,fully stimulate the vitality of civil environmental organizations,effectively make up management inefficiency and failure of the government in environmental affairs,protect the autonomy of civil society organizations through constructing stable,scientific legal system and realize social autonomy in the field of environment.The first is to improve the internal self-government rules of the Chinese environmental protection organizations from the aspects of power allocation,organization construction and operation mechanism,and to improve the self-government capacity of civil society organizations in decision-making,implementation and supervision,and to establish and play the internal democratic mechanism of civil society organizations,to strengthen the role of the Council and the Executive Council.In the operational mechanism,the internal financial management system should be more exquisite and third-party assessment mechanism should be introduced to avoid internal power of civil environmental organizations rent and abused.The second is to constantly improve the external legal norms,improve the legal level of,the existing norms,formulate the unified civil organization law,abolish the dual registration management system of the civil environmental protection organizations,clear the principle of competition,establish full supervision system,improve the responsibility system of civil society organizations,make the regulatory system and the responsibility system in parallel,and strengthen the implementation of the supervision system.The third is to strengthen co-governance of the Chinese civil environmental organizations and governments in environmental affairs,the Government should firmly establish the way of thinking of the rule of law and break the traditional thinking of local protectionism and only economic theory,to fulfill the responsibility of environmental management and protection,strict supervise behaviors of civil environmental organization to participate in social governance,to undertake the responsibility of supervision.The fourth is to strengthen the participation of civil society organizations in the practice of the rule of law.Civil environmental organizations actively participate in environmental public interest litigation,assist the implementation of environmental law.The courts protect the autonomy of civil environmental organizations and supervise their environmental public services.Only this can make environmental laws and regulations be consistent with the rule of law.The fifth is to enhance civil recognition of civil society organizations participating in social management.Civil environmental organizations should strictly abide by the relevant laws and regulations,the government departments should also implement the rules of law,the judiciary should fully protect the social autonomy of civil environmental organizations.Environmental organizations to participate in the effect of social governance is gradually affirmed,to continue to establish the authority of the environmental law and civil organization law.Civil environmental organizations will be approved by the public.