LIN Yuzhe    Law School

Abstract: EIA (Environmental Impact Assessment System) is a preventive environmental protection system, the core of which is the Public Participation. In other words, it wouldn’t be qualified as EIA if there were no Public Participation. Nowadays, the rapid economic development in China results in an enormous increase of consumption of natural resources accompanied by high-rate occurrence of environmental issues, which in recently years eventually lead to the frequent burst of environmental public affairs and the high pressure on the environment itself. Public participation and EIA system could act as the collection of all social forces, in which all could be involved in the environmental decision-making, ensuring the democracy and scientificity of the process and maximally limiting the impact of human behaviour on the environment. However, as the fact that Public Participation and EIA system has just been introduced into China shortly and the unique social and historical situation of China, the EIA system in China is still developing. Though constant refinements and improvements have been carried out, there is still a huge gap in between when compared with EIA systems in western developed countries.

Starting with the basic theories of EIA and Public Participation, clear the concept of EIA, the meaning of public participation as well as the scope of the public. Then to use of the environmental public property theory, the system of environmental public trust doctrine, and environmental rights theory building to find a theoretical basis. And pointed out that the system of positive significance to the promotion of environmental decision-making more scientific and safeguard citizens 'environmental rights and interests, to enhance citizens' environmental consciousness, and the maintenance of harmonious and stable society. This thesis introduces the relevant advanced Public Participation system in US and Germany. Through compare and contrast, this thesis points out the shortages of current China’s Public Participation and EIA system from three main aspects, which are the scope of Public Participation’s subjects and objects; the process of Public Participation; and the safeguard mechanism of Public Participation. Further, based on the study of other countries’ system and China’s own social and economic circumstances, this paper proposes several refinement and improvement suggestions of China’s Public Participation and EIA system mainly focus but not limited in defining the scope of Public Participation’s subjects and objects; ensuring the environmental protection organisations as the main body; refining the channels of Public Participation; involving Public Participation in earlier stages; setting a clear feedback system of Public Participation; providing sufficient environmental information support; improving the judicial protection and locating the role of government in the Public Participation.

Read the article here:      公众参与环境影响评价制度研究_林钰哲.pdf