On The Legalization Of Consultative Democratic Mechanism In China’s Environmental Governance

Since the 1970s,the Chinese government has intensified its environmental governance,while the quality of the environment has stagnated or reversed.China’s current environmental group disputes emerge in endlessly,the reason on the one hand,environmental governance problem contains a representation of interests,lack of interests expression platform;On the other hand,environmental problems contain both public and professional characteristics,each negotiation subject knowledge gap between citizen and experts,in particular,which is led to the indirect negotiation rights violations,reduce the consultation and service properties.Therefore,it is necessary to introduce the consultative democracy mechanism in environmental governance and bring it to the right to coordinate the interests and contradictions of all parties.Consultative democracy mechanism under the rule of law originated from the western theory of habermas law about the role and purpose that is under the perspective of the rule of law norms to ensure that the negotiations main body based on the foundation of equality,coordination and consultation,in the interests of all parties to reach a common opinion.At the institutional level,China and the United States and the United States should not be able to speak the same language and the basis of consensus on the issue of inter-party consultation and political consultation.In this era of social interest diversification,consensus through consultation,compromise,and achieve the purpose of the pursuit of greatest common divisor,implementation from concessions to progress,it should be interlinked in the eastern and western cultures.The function of the consultative democracy mechanism in the environmental governance is to break the traditional "command-obey" administrative management mode,the main body of governance is no longer a single government,also including other social main body,emphasizing a multiple subject cooperation,representations,interactive,the consultation process.However,in this paper,by analyzing about the laws and regulations of the consultative democracy mechanism of environmental governance,found in the existing laws and regulations and the "ought to be" under the rule of law framework has obvious gap,consultative organizations at the grassroots level,the rights and obligations system,procedures,rules,related consultation has many deficiencies,so need to standardize the consultative democracy mechanism in the environmental legal system.First,aim at three rules by law as the guidance,in provincial,municipal environmental consultative regulation "unify legislation,clarify the legal status of environmental organization consultation,to give consultation under the organization of its statutory functions and powers,as well as the rights and obligations,to perfect the relevant consultation and clear subject standardized consultation program rules,clear the effectiveness of the consultation and legal liability.In addition,through at the same time play the role of "soft law" of the flexible adjustment,in the form of village regulations,customs ritual to consultative democracy idea thorough popular feeling,make consultative democracy gradually become internalized environment governance way.