Since the 1970s, with the worsening of global environmental problems and ecological crisis, based on the disadvantages of traditional government governance, "people control various activities by participating in decision-making and formulating policies, and consciously and democratically commit themselves to the environment and development", making the public gradually become the driving force of environmental protection and the leading force of society. Public participation in government public management has its profound theoretical origin and background: on the one hand, modern democratic theory requires that the operation of administrative power needs to be completed through the joint efforts of all parties, and participation is the foundation of democracy; On the other hand, the practice of government governance reform in various countries provides an opportunity for the public to participate in government public management, and to some extent, it solves or alleviates the contradiction between the expanding decision-making power of modern governments and the realistic requirements of their benign operation. This paper holds that public participation in environmental protection legal system, as an institutional arrangement, should run through the whole process of environmental law implementation. The logical composition of this system should include environmental information notification system, environmental legislative participation system, environmental administrative participation system, environmental judicial participation system and procedural guarantee system to ensure the implementation of the above systems. The value goal of this system is to promote the democratization of national environmental management; Balance the demands of public environmental interests and realize social justice; Improve the public's environmental awareness and cultivate the spirit of self-governance in the environmental field. Environmental public property theory, environmental public entrustment theory, citizen's environmental right theory and environmental justice theory constitute the legal basis of public participation in environmental protection legal system; The transformation of government functions, the awakening of public environmental awareness and the widespread rise of environmental NGOs have laid a social foundation for the construction of this system. In some developed countries in the west, such as the United States, Japan, Canada, France and other countries, public participation plays an extremely important role in environmental protection, and its advanced environmental management concept and legal system design provide us with many places to learn from. Based on the differences between political system and basic national conditions, although we can't completely copy the environmental legislation and environmental protection model of western countries, the main experiences we can learn from the legislation and practice of public participation in environmental protection in various countries are as follows: (1) Legislation confirms citizens' environmental rights; The ways, forms and decision-making mechanism of public participation in environmental protection are relatively complete; The environmental information disclosure system is sound; Established the legal status of non-governmental environmental protection groups in environmental protection; Ensure that the public file environmental lawsuits and safeguard their legitimate environmental rights and interests. At present, the legal provisions of public participation in China are mainly embodied in the Constitution and the Basic Law on Environmental Protection, the Special Law on Environmental Protection, the administrative regulations, rules and policy documents on environmental protection and other relevant legal norms. Public participation in environmental protection has made some achievements in legislation and practice, but there are still many shortcomings. From the perspective of legislative value orientation, public participation in environmental protection lacks the right basis and the legislative guiding ideology lags behind; From the analysis of legislative technology, the provisions on public participation in environmental protection are scattered, simple, repetitive and lack of systematicness; From the logical composition of the legal system, the legal system of public participation in environmental protection is not perfect, imperfect or even absent; From the path analysis of public participation, public participation in environmental protection is mainly government-led participation. Therefore, it needs to be constantly improved. To build and improve the legal system of public participation in environmental protection in China, we should start from the following aspects: First, build the legal system of public participation in environmental protection. From the constitution to the environmental law system, create the source of public participation in environmental protection in an all-round way; Introduce special laws and regulations on public participation in environmental protection as soon as possible. Secondly, in practice, further improve the environmental information notification system. Third, improve the system of public participation in environmental legislation. Give the public the right to propose administrative legislation; Clarify the mode of legislative participation, expand the scope of participation, and improve the participation procedures. Fourth, improve the system of environmental administrative decision-making and law enforcement participation. Expand the scope of public participation in environmental administrative decision-making; Improve the procedure of public participation in environmental administrative decision-making; Strengthen public participation in environmental law enforcement. Fifth, establish an environmental public interest litigation system and improve the environmental criminal litigation system. Finally, establish a legal system of community participation in environmental protection. Giving legal status to environmental protection organizations; Straighten out the relationship between the government and environmental protection organizations and cultivate mature environmental protection social organizations; Broaden the ways for environmental protection organizations to participate in environmental protection.
Keywords: environmental protection, public participation in legal construction
Directory:
abstract
introduce
Chapter 1: The basic connotation and value goal of public participation system in environmental protection.
The first part: public participation: the inevitable path choice of government administrative democratization
First, the mainstream democratic theory on the basic views of public participation in government management
Second, the practice and development trend of public participation in government affairs in the reform of government governance
The second part: the logical composition of public participation in environmental protection.
First, the significance of public participation in environmental protection
Second, public participation in environmental protection is the logical composition of legal system arrangement.
The third part: the value goal of public participation in environmental protection.
First, promote the democratization of national environmental management.
Second, balance the demands of public environmental interests and realize social justice.
Third, improve the public's environmental awareness and cultivate the spirit of self-governance in the environmental field.
Chapter two: the theoretical and social basis of public participation in environmental protection.
Part I: The legal basis of public participation in environmental protection.
First, "environmental public property theory" and "public entrustment theory"
Second, the theory of citizens' environmental rights
Third, the theory of environmental justice.
Part II: Social basis of public participation in environmental protection.
First of all, the transformation of government functions provides opportunities for the public to participate in environmental management.
Second, the awakening of public environmental awareness under the background of environmental crisis
Third, the widespread rise of environmental NGOs provides a bottom-up organization for public participation.
Chapter III: Foreign public participation in environmental protection legislation and its reference.
Part I: Legislation and practice of environmental protection in western developed countries.
First, the legislation and practice of American public participation in environmental protection
Second, the legislation and practice of Japanese public participation in environmental protection
Three. Overview of Canadian public participation in environmental protection legislation
Four. Overview of French public participation in environmental protection legislation
The second part: The main experience of foreign public participation in environmental protection.
Chapter four: Analysis of the current situation of public participation in China's environmental protection legal system.
Part I: Main legal provisions of public participation in environmental protection.
First, the constitutional and environmental basic laws.
Second, the level of environmental protection laws and regulations.
Iii. Regulations of the Environmental Protection Department
Fourth, the level of environmental protection policy documents.
Verb (abbreviation of verb) Other legal norms
Part II: Performance evaluation of environmental protection public participation in legal system construction.
Part III: Analysis of the defects of public participation system in environmental protection.
First, from the perspective of legislative value orientation, public participation in environmental protection lacks the basis of rights and the guiding ideology of legislation lags behind.
Two, from the technical analysis of legislation, the provisions of public participation in environmental protection are scattered, simple, repetitive and lack of systematicness.
Thirdly, from the analysis of the logical composition of the legal system, the legal system of public participation in environmental protection is not perfect, imperfect or even absent.
Fourthly, from the path analysis of public participation, public participation in environmental protection is mainly government-led participation.
Chapter five: Thoughts on constructing the legal system of public participation in environmental protection in China.
The first part: Constructing the legal system of public participation in environmental protection.
First, create the source of public rights to participate in environmental protection-from the Constitution to the environmental legal system.
Two, the introduction of special laws and regulations on public participation in environmental protection as soon as possible.
The second part: further improve the environmental information notification system in practice.
Part III: Perfecting the system of public participation in environmental legislation.
First, give the public the right to initiate administrative legislation.
Two, clear the way of participation, expand the scope of participation, improve the participation procedures.
Three. Exemption from public participation in environmental legislation
Four, the legal responsibility of public participation in environmental legislation
Part IV: Improve the system of environmental administrative decision-making and law enforcement participation.
First, expand the scope of public participation in environmental administrative decision-making.
The second is to improve the procedures for public participation in environmental administrative decision-making.
Third, strengthen public participation in environmental law enforcement.
Part V: Establish the environmental public interest litigation system and improve the environmental criminal litigation system.
First, establish an environmental public interest litigation system.
Second, improve the environmental criminal litigation system.
Part VI: Establishing the legal system of community participation in environmental protection.
First, endow environmental protection organizations with legal status
Second, straighten out the relationship between the government and environmental protection organizations.
Third, broaden the ways for environmental organizations to participate in environmental protection.
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postscript