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In The Theory Of Environment Public Decision-making Consultation Mechanism Research

Posted on:2017-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:M GongFull Text:PDF
GTID:2346330488472681Subject:Environment and Resources Protection Law
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The democratic negotiation mechanism of environmental public decision-making is the trend of the environment based on deliberative democracy. Of course, deliberative democracy is the improvement of democratic politics, rather than replace or revolution. Deliberative democracy from and beyond the freedom and democracy and critical theory, is late 20 th century western academic circles began to pay attention to the new field, its core element is consultation and consensus, it emphasizes that under the situation of the diversification of the main interests, through the participation of all parties, decision-making issues as in the consensus based on the form of the output is the improvement of traditional representative democracy and also constitutes the theoretical base for public participation in environmental policy-making. Environmental protection in our country have been from the "shouting" stage gradually entered a "turkey" stage, but the performance of environmental protection in China is not satisfactory. Deliberative democracy is not only the latest development of the theory of Western democracy, but also the urgent need for public participation in environmental law. There is a direct or indirect cause and effect relationship between the occurrence of environmental public events and the occurrence of secondary hazards and the lack of deliberative democracy. Deliberative democracy can be used as a feasible solution in the emergency management. The Western deliberative democracy theory is generally regarded as a kind of theory to explain the legitimacy of public policy, which aims to solve the disadvantages of the public participation and social justice in the process of the traditional public decision-making. Application of deliberative democracy in the field of environmental decision making can be as a theoretical basis for the construction of the deliberative democracy and to get rid of the disadvantages of the traditional elite environmental decision-making mode for lack of public participation in decision making and promote the environment public decision-making democratization, scientific, legal very practical significance, of course, there are conducive to the implementation of public oversight of environmental public decision-making. System and environment is the impact of incident management effect is the main factor that our country present stage, environmental public decision-making needed to build dialogue mechanism of the government, enterprises and the public, the public environmental decision in consultation democratic mechanism construction is the solution, governance path. This paper explore mechanism of deliberative democracy in environmental decision making in the field of construction, starting from the concept of environmental public decision, pointed out the disadvantages of the traditional elite decision-making mode and analyzes the reasons, combined with the theory of deliberative democracy, since the modern environmental protest movement. It is pointed out that the trend of environmental decision-making mode is negotiation decision model is constructed, and mechanism of deliberative democracy is the path to solve, and then analyzes the theoretical foundation and realistic basis of the deliberative democracy, pointed out that the security environment in the public decision making in public participation right and promote environmental public decision-making democratization and scientific significance, and explains how to construct the mechanism of deliberative democracy and play its effectiveness. This paper can be divided into five parts:The first part of the introduction, the main topics of the source of practice and purpose of significance, the research situation of the topic, the research ideas of this paper and the important and difficult point of innovation.The second part is an overview of environmental public decision-making, exploring its concept, characteristics, and related concepts of the relationship and distinction, the type of environmental public decision-making model.The third part of the environmental public policy decision-making in consultation with the democratic mechanism of the problem oriented, that is, to solve the problem of analysis. The problems existing in the environmental public decision-making, the insufficiency of the public participation, the disadvantages of the traditional mode of decision making, analysis of the evolution of the model, the cause of the short-sighted decision.The fourth part is the theoretical basis of the establishment of deliberative democracy in the field of environmental decision-making, including theoretical sources, legal basis, practical significance, and the experience of foreign models.The fifth part is the analysis of how to construct the mechanism of deliberative democracy, to discuss the decision how to start, information disclosure is the premise of public selection, negotiation rules, the parties reach a consensus agreement on environmental influence public decision-making; record management consensus agreement, reached on the part of the construction project or pollution control agreement can be a potential environmental risk liability contract, risk liability into contract responsibility; and the supervision of the environmental public decision-making stage after the evaluation can meet the execution mechanism of deliberative democracy for public participation in decision-making and decision-making at any time in the implementation of feedback issues, to dispel public doubts about or related subject, to provide a path for environmental public events can the decision problem, the explicit environmental potential in improving decision-making or even abolish the old decision to make a new decision Policy.
Keywords/Search Tags:Environmental public decision-making, public participation, environmental justice, deliberative democracy, public nuisance prevention agreement, agreement validity
PDF Full Text Request
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