Study On The Effectiveness Of Public Participation In Planning Environmental Impact Assessment

Since the industrial society,the problem of environmental pollution and ecological environment destruction has been an important problem that perplexed the development of human society,which is also the consequence of modernization.Countries around the world have gradually gained a clear understanding of the development model that blindly pursues economic development at the cost of destroying the ecological environment.They have gradually realized that the traditional development model and ecological environment problems have restricted economic and social development and become a tautology for their development.Therefore,in this context,a more harmonious way of development should be adopted,which is in line with the concept of green development and the natural environment prerequisite for the construction of a community of Shared future for mankind.Under this background,the planning environmental impact assessment system also arises at the historic moment.The core of the planning environmental impact assessment system is to provide a good ecological and environmental foundation for the overall development of society,aiming at preventing,reducing and eliminating the social problems and adverse effects caused by ecological and environmental problems.As an indispensable part of environmental assessment,public participation,on the one hand,undertakes the task of ensuring the scientific and democratic nature of planning environmental assessment decisions,and provides a balance mechanism for the interests of all parties.On the other hand,it also aims to provide a strong foundation for the rule of law in ecological environment.However,in reality,the public participation system of the impact assessment of the planning environment in China is still in the stage of exploration and construction,so there are still many deficiencies,resulting in the ineffectiveness of this system in judicial practice.Therefore,in order to further exert the practical effectiveness and ecological protection function of public participation system in planning environmental evaluation,this paper intends to make some legal attempts and explorations on the basis of analyzing and mastering the development status of planning environmental evaluation system at home and abroad,so as to provide legal Suggestions for improving the system.Specifically,this paper includes four chapters:The first chapter introduces the connotation of the concept of impact assessment and public participation.Secondly,the coupling of the concept of planning environmental impact assessment and public participation is questioned,and the meaning of public participation is pointed out.Thirdly,the theoretical basis of public participation in planning eia is analyzed,and the background of this theory is clarified.The significance of this theory is to safeguard environmental justice,environmental rights and public property rights,and to protect the public's environmental rights,survival rights and social development rights.The importance of public participation in environmental impact assessment in social development should be clarified.The second chapter is a thorough analysis of the effectiveness of public participation in planning environmental impact assessment in China.First of all,this paper puts forward the criteria for the effectiveness of public participation,reviews the development and evolution of the public participation system of the planning environmental impact assessment in China,analyzes the actual situation and effectiveness of the planning environmental impact assessment system in China,and points out the deficiencies and reasons of the effectiveness of the public participation system.The third chapter mainly introduces the legislative status of public participation system,the scope of public participation,public participation procedures and relevant legal systems in the representative planning environmental impact assessment in western developed countries.On the one hand,the successful experience of the United States,Germany and Canada in the legislation of public participation system of environmental assessment is explored.On the other hand,it also summarizes the lessons that China should learn from the legislation process of public participation system in the planning environmental impact assessment of the United States,Germany,Canada and other countries.The fourth chapter mainly aims at the deficiency of the public participation system in the planning environmental impact assessment in China,and puts forward some targeted Suggestions for improvement.According to the above mentioned planning eia effectiveness of public participation,combined with the United States,Germany,Canada and other countries the eia system as well as the new release of the measures for public participation in environmental impact assessment of construction project of the new rules,put forward the perfect planning environmental assessment information release,to strengthen the construction of public participation of the hearing system,set up the reasonable time limit of public participation in environment,perfect legal relief and so on promotion planning important way the effectiveness of the evaluation system of public participation.