Research On Legal Issues Of Public Participation In Environmental Impact Assessment

The environmental impact assessment system is an important system accompanied by the development of modern government management system.It plays an important role in regulating the economic development and the sustainable development of environmental resources.The public participation in environmental impact assessment has been at the core of the system in the whole system.On the one hand,it is the embodiment of public environmental rights,on the other hand,it is also the inevitable requirement of democratic politics.In its interpretation of the 13th five-year plan for ecological and environmental protection at the end of 2016,the ministry of environmental protection also stated that it would further promote the formation of a good situation for all people to take action for environmental protection,and proposed to introduce a series of measures to deepen public participation.From the current actual situation,public participation has not played its due role in China due to various reasons,and there are many problems to be solved at present.In this paper,the environmental impact assessment of public participation as a breakthrough point,combined with the actual cases in the reality,the present system problems are analyzed.The whole paper is divided into four parts:the first part expounds the concept and development of environmental impact assessment and public participation,so as to lead to the practical significance and theoretical value of research on public participation in environmental impact assessment.The second part introduces the current environmental impact assessment of public participation system problems,specifically has the following defects:the first is in the main problems is the lack of public opinion expression and the lack of active participation;second is the problem of information disclosure aspects,focus on the performance of administrative information disclosure is not active and even if open,content is not clear the place.Third,there are imperfections in the public participation hearing system of environmental impact assessment,such as the unreasonable system of the hearing host and the public representatives,the weak hearing effect and the lack of binding force.These problems restrict the public participation.The fourth problem comes from administrative litigation involving environmental impact assessment,which is reflected in the lack of existing environmental laws,the determination of stakeholders,the imperfection of administrative public interest litigation and other issues.The third part focuses on the comparative study of foreign environmental impact assessment system,looking for valuable experience in foreign legislation and practice,so as to provide reference for China's system improvement.The author focuses on the public participation in environmental impact assessment,the most advanced American system,the German system represented by the continental law system,and the Japanese system with rich experience in environmental protection.The fourth part for the second part of the problems found,and combined with the relevant management experience abroad provides some suggestions on China's environmental impact assessment of public participation in the system improvement,hope to be able to better improve our public participation in environmental impact assessment system,to protect the right of citizen administrative participation.