Discussion On The Right Of Public Participation In The Construction Of The Classification Of Municipal Solid Waste System In China

With the background of the legalization of garbage classification,it is not difficult to find that the public is not only the victim of domestic waste pollution,but also the direct beneficiary of domestic waste classification,and should become a participant in the classification of domestic waste.The Environmental Protection Act,amended in 2014,made the right of the public to participate in the environment one of the statutory rights,and the realization of garbage classification should not place the public in a position of passive cooperation.On the one hand,some principled provisions on the right of public participation in the classification of garbage are desirable,but they are unique in terms of the subject of rights and obligations,the specific content,scope and form of the exercise of rights,they are quite different from the public participation in environmental assessment and environmental regulation,so there is a lack of special legislation,such as the establishment of restrictive or technical provisions for the classification of waste emission reduction,recycling and harmless disposal.On the other hand,most of the local legislation concerning garbage classification does not highlight the regionality and maneuverability.The public participation right in garbage classification still seems to be in the position of "formalization ",and some cases also reflect that the public participation right to know and supervise is still in the superficial state,which makes the garbage classification always in the mode of " self-directed and self-play " of the government,and the exercise of public participation right is blocked and it is difficult to obtain the power from the bottom up of the society.Therefore,on the basis of the achievements,local legislatures should learn from the beneficial experiences of other countries in how to protect public participation in garbage classification legislation,further repair several important links in garbage classification management,its lack of interactive defects,timely revision of laws and regulations with local characteristics,improve the system of information disclosure of garbage classification management,improve the environmental public interest litigation system,but also pay attention to the publicity of the public law and the exercise of rights education.In order to ensure the national garbage classification of environmental construction work smoothly.