Research On Legal Issues Of Public Participation In Environmental Impact Assessment

As the problem of environmental pollution and ecological destruction becomes more and more serious,countries gradually realize that blind pursuit of economic growth has seriously restricted social development and begin to seek more harmonious development modes.In this context,environmental impact assessment system also emerged.The environmental assessment system plays an important role in protecting the ecological environment.The important content of public participation in EIA,but also bear the protection environment decision science,democracy and the important role of balance various interests,both contributing to the democratic political construction and is helpful to realize the goal of legal system of protecting the environment.However,due to some defects in China's public participation system,its legal effectiveness is not obvious in judicial practice.In order to give full play to the role of public participation in EIA,this paper puts forward some Suggestions to improve the system by understanding the current situation of public participation in eia in China and the United States.This paper includes four frameworks:Chapter 1 first summarizes the meaning of public participation in the EIA.Secondly,the development of public participation in the EIA is sorted out.It is worth mentioning that although the system has some deficiencies in China's legislation,it has been adjusting according to the needs of social development.Finally,this paper summarizes the current situation and role of public participation in EIA in China,and makes clear that it is necessary to improve the system to build democratic politics and protect the environment.Chapter 2 is the main content of this paper.This chapter analyzes the legal problems of public participation in EIA in China,and points out the legislative concept,implementation scope,legal effect,and the influence of legislative changes on the public participation system.To participate in the practice through the current legal system and found that do not conform to the public participation system in China to set up the legislative idea,to participate in a narrow range of environmental information disclosure is not in place,public participation in the program is not comprehensive and insufficient participation way to become a mere formality,etc,and to carry out specific analysis on the cause of the problem.Chapter 3 describes the system of public participation in EIA is the present legislation in developed countries-the United States,to the United States the scope of public participation,public participation in the program and related legal system made detailed introduction.While learning from the successful experience of the United States in legislation,it also summarizes what the public participation system in the United States environmental assessment is worth learning from in China.For example,the disclosure system of environmental information,the whole process of public participation in environmental impact assessment and the broad qualification of environmental public interest litigants by environmental groups.Chapter 4 puts forward some Suggestions to improve the public participation in EIA in China.Due to our country and the American political system,economic development level and citizens there is a gap on the environmental protection consciousness,etc,this article only on the basis of analyzing the content of public participation in EIA system,public participation in EIA in China's influence on the social and ecological perspective to study.