The Study On The Legal Mechanism Of Public Participation In The Environmental Justice

Public participation in environmental law means that the public has the right to participate in all development and decision-making activities related to the public’s environmental rights and interests through certain procedures or channels and is entitled to corresponding legal protection and remedies so as to prevent the blindness of decision making.Decision-making meets the immediate interests and needs of the general public.Public participation in environmental justice is an important part of the public participation system in environmental law.It mainly includes the public’s participation in environmental litigation,participation and participation in the enforcement of litigation results,as well as the expression of opinions on the case.Theoretically speaking,there are more and more studies on public participation in environmental legislation at the present stage,but there are few studies about public participation in environmental judicial and legal mechanisms separately.Public participation in environmental justice is an important symbol whether a country pays attention to and protects public rights,it is worth us to in-depth system research.Practically speaking,there are many problems in public participation in environmental justice.We must establish a legal mechanism that involves the participation of the environmental judiciary,including trial,supervision and expression.This article has a total of six parts:The first part is an introduction to the legal mechanism of environmental justice public participation.Clarify the basic concepts of environmental justice,public participation,legal mechanisms and legal mechanisms for environmental justice and public participation,as well as the theoretical basis for the legal mechanism of public participation in environmental justice.The second part is the comparative investigation of the legal mechanism of environmental justice public participation.This section introduces the legislative details and practices of the public participation system in environmental justice in the Anglo-American legal system and the civil law countries.It explores the background and practical effects of different mechanisms by means of a typological approach and discusses the implications for our country.The third part is the public participation in environmental justice in the legal mechanism of the problems and solutions.Public participation in environmental justice In the trial stage,the national litigation rules are not perfect,the public interest litigation plaintiff qualification is not clear,the system of litigation costs is not reasonable;in the implementation of the supervision of links,the lack of third-party supervision of the implementation of environmental cases;In the expression of opinion,environmental violations Not open enough.The solution to these problems not only starts with the legal system,but also changes the concept of public participation in the judiciary.The fourth part is to optimize the judicial mechanism of public participation in environmental justice.It mainly includes the solution to the environmental judicial adjudication.It mainly includes the design of the plaintiff qualification system that expands and limits equally,the establishment of environmental jury system,the optimization of litigation cost sharing system and the improvement of the system of supporting prosecutors.To optimize the mechanism of public participation in environmental justice supervision mechanism,put forward to establish a third party supervision and enforcement system,the disclosure of environmental violations and registration system,as well as improve the system of disclosure of environmental information.To construct the opinion expression mechanism of public participation in environmental justice.Law trial management and routine work to abandon the "closed doors,plug the ears" trial,so that the public can express their opinions.