Research on Legal Issues of PublicParticipation in Environmental Protection

Date: 2024-02-09    Source: 

CAI Fuyue    Law School



Abstract:As China's economy continues to develop and industries continue to rise,environmental problems are gradually exposed.Especially in the 21st century,environmental problems caused by industrial pollution have gradually attractedpeople's attention.The continuous improvement of living standards has made peoplepay more attention to the quality of the living environment.Not only our country butalso the entire world,the public has gradually become an indispensable part inparticipating in environmental business management.At the beginning of theestablishment of the environmental protection cause,China had clearly followed the"mass line".With the United Nations Conference on Environment and Developmentheld in Rio de Janeiro,Brazil,China also wrote"Group and Public Participation inSustainable Development"as Chapter 20 in"China 21st Century Population,Environment,and Development White Paper.Since the development of the publicparticipation system in China's environmental protection,there have been several lawsregulating the public participation system in the field of environmental protection,such as the"Environmental Protection Law"revised and implemented in 2015.Thislaw uses a special chapter to specify"information Openness and public participation"shows that China attaches great importance to this aspect.In addition,a series oflaws and regulations,such as the"Environmental Impact Assessment Law"and"Public Participation Measures for Environmental Impact Assessment"andregulations of ministries and commissions,have been revised around 2018 tocontinuously improve public participation in environmental protection.Although thelegal regulations on public participation in environmental protection have beencontinuously improved,there are still some deficiencies in legal regulations andpractice,such as the lack of public initiative to participate in environmental protection,the generalization of the public participation in environmental protection,and theinadequate relief mechanism.In practice,the public participation in environmentalprotection tends to be formalized.These problems make the right of publicparticipation in environmental protection in China unable to fully realize its role,andcan not truly achieve participation in democracy and justice.Therefore,it is necessaryto improve the initiative and enthusiasm of public participation by designing differentsubjects and applying different incentive measures for different types of subjects,andconstantly improve the right to information,decision-making,and relief of public information,so as to make public participation in environmental protection in ChinaGradually resolved.

 

Read the article here:       环境保护中公众参与法律问题研究_蔡付越.pdf