Study On The Effectiveness Of Public Participation In Environmental Impact Assessment Of Construction Projects

Public Participation,as an important part of construction project environmental impact assessment,should play an important role in improving the quality of environmental decision-making,but in practice,public participation is only a form and its effectiveness is insufficient.This paper redefines the validity of public participation,and emphasizes to evaluate the validity of public participation through the double standards of process validity and result validity.And through the selection of some waste incineration power generation projects,the public participation in environmental impact assessment of construction projects,according to the double criteria of process effectiveness and effectiveness of the results of public participation in practice.On the basis of the conclusion of the empirical study on Public Participation,this paper analyzes the obstacles which affect the effectiveness of public participation.On the one hand,the author thinks that the obstacles which affect the effectiveness of public participation are the imperfection of the legal provisions themselves,on the other hand,it is because of the deviation between practice and law.There are many deficiencies in both process effectiveness and result effectiveness,the obstacles to the realization of the effectiveness of the process are as follows: the scope of the participants is narrow and the degree of organization is low,the way of information disclosure is single,the content of information disclosure is backward and not easy to understand,the time of participation is not specific and non-differentiated,the scope of participation is narrow,the way of participation lacks specific applicable conditions and starting procedures,etc.The specific obstacles to the realization of the effectiveness of the results are:the provisions of the construction unit adopting public opinions are too principled,the legal status of public opinions has not been clarified,the public opinion verification procedure has not been set up,and the examination and approval ability and independence of the examination and approval organ are lacking,etc.,these deficiencies greatly hinder the realization of the effectiveness of public participation.In view of the existing obstacles that hinder the public participation in EIA of construction projects to achieve its effectiveness,we must suit the remedy to the case,constantly improve the current legal provisions of public participation and complete the relevant supporting systems and facilities,so as to strengthen the effectiveness of public participation.The path to strengthen the effectiveness of the process is to improve the shortcomings of the participants by expanding the scope of the participants,improving the identification mechanism of the participants and improving the degree of organization of the participants;to improve the information disclosure by enriching the ways of information disclosure and improving the comprehensibility of the open information;to improve the consistency of the participation time through the differentiated time regulations Rational;through the extension of the scope of participation and the stage of participation to better meet the demands of the public to participate in environmental decision-making;through the enrichment of participation methods and the improvement of the starting conditions of participation methods to realize the multi-mode participation of the public;through the improvement of public interest litigation and the clarification of the responsibilities of relevant subjects to better protect the relevant rights of the public in the process of participation.Results the path to strengthen the effectiveness is mainly through refine the regulations on whether the construction unit adopts public opinions or not,clarifying the legal status of public opinions,setting up public opinion verification procedures,setting up a special environmental impact assessment committee and strictly controlling the decentralization of approval authority.In addition,we can strengthen the effectiveness of public participation by establishing a national unified EIA publicity platform and improving the judicial review system of public participation in EIA.