On The System Of Public Participation In Environmental Administrative Decision-making

China's fundamental law and law stipulates that citizens can participate in the management of social public affairs,but there is no supporting detailed legal provisions,thus,this right becomes an empty talk.Therefore,we should attach great importance to the procedural guarantee of public participation and give equal protection to entity participation.With a complete program of legal mechanisms,we can promote the implementation of public participation better.Public participation is a kind of substantive rights and procedural rights and the basis is open,and the relevant stakeholders in a democratic way to give advice and suggestions free to the government's opinion.More and more theoretical research and empirical research shows that,it has become a part of China's environmental administrative decision-making and it should not be overlooked,it must be perfected in order to rationalize the environmental administrative decision-making.Environmental administrative decision-making is closely related to the development of science and technology,involving a wide range,and has its unique nature.After understanding the particularity of environmental administrative decision-making,it is imperative to perfect the system of public participation in environmental administrative decision-making according to its particularity.At present,the environmental emergencies that are emerging all over the world continue to express to us the fact that it is urgent to improve the public participation in the environmental administrative decision-making.Although the provisions of public participation in environmental administrative decision-making are more and more,there is a fact that can not be ignored: the specific procedural provisions are not enough,can not be used by the public,need to be further enriched and refined.When legislators make laws,they have too many principles,no concrete rules,and should make abstract principles to concrete rules,so as to resolve the current problems faced by the government and the crisis of public participation.Most of the environmental administrative decision-making in our country's public participation system,its drawbacks can be summed up as following: as one of the premise of public participation in environmental administrative decision-making of environmental information disclosure is extremely limited,seriously hindered the public informed of relevant information,the information asymmetry caused by a series of adverse consequences;The public participation way in environmental administrative decision-making is simple and formal serious low effectiveness;after the participation of public in the form,there is no feedback mechanism clear.And after the public participation in the environmental administrative decision-making,we do not know whether it is adopted or not.There is no timely explanation.If there is no adoption of reasonable proposals,the public how to safeguard their rights and interests,it's a series of problems to dispel the enthusiasm of public participation and even lead to public distrust of the government.Therefore,the full refinement of environmental administrative decision making makes great convenient for the public to participate in environmental administrative decision-making.There must be a line throughout,specifically: in order to solve the asymmetric information of public participation,can we increase the intensity of environmental information disclosure law,make the provisions of the principle to concrete the details of the provisions,at the same time through the relevant environmental information disclosure law support the implementation and increase public humanization is necessary;As for the problem of insufficient effectiveness in participation,the specified selection mechanism is needed in the relevant legislation.we can choose the third party intermediary organization as the selection mechanism,formulate the appropriate selection criteria,open and make the selection process,and the introduction of public debate mechanism with representatives of the environmental administrative authorities,allowing both sides to argue with each other over a reasonable period of time in order to ensure the effectiveness of public participation;After public participation,environmental administrative department do not timely feedback and lack of substantive legislation,the legislation should limit the content of feedback of the relief mechanism of comprehensive,timely accurate feedback and rule the relief mechanism that not suitable for public participation.Finally,when the public participation is infringed,the relief mechanism should also make clear the corresponding relief system,including the power organ relief,administrative relief and judicial relief.From the above point of view,the relevant laws and regulations should be specific,in order to provide public participation and environmental administration departments to provide theoretical guidance.