HAO Xiujun    Law School

Abstract：Since the promulgation and implementation of the Environmental Impact Assessment Law and the Interim Measures for Public Participation in Environmental Impact Assessment, there have been a number of national environmental pollution incidents, such as the PX project in Xiamen, the Shifang Molybdenum Copper project in Sichuan Province, and the Nansha Petrochemical Project in Guangzhou, etc. The environmental pollution incidents caused by such projects have ignored the importance of public participation, leading to specific construction in the later stage In the process, the public stepped into the path of safeguarding their rights. By analyzing the reasons behind these cases, we can see that although China's law stipulates the public participation system in environmental impact assessment, due to various constraints, the public's right to participate in the EIA process in real life is not effectively protected, and the public adopts various ways to protect their rights and interests, and even confrontations between the government and the public appear in some areas. On the basis of drawing advanced legislative examples from other countries and combining with the current specific system practice in our country, this paper discusses the four parts respectively: the first part expounds the general theory of the public participation system of environmental impact assessment, focuses on the detailed discussion of the concept of environmental impact assessment and public participation, and discusses the practical significance of the public participation system. The second part introduces the advanced experience in foreign legislation, focuses on the specific content of the domestic legal system of the United States and Japan, and analyzes its legislation, finds the suitable place for our country to learn and use for reference, and provides reference for our country's legislation perfection. The third part focuses on the defects of the public participation system of environmental impact assessment in China, and draws the following conclusions: the scope of public participation is too narrow in the current laws and regulations on the public participation system of environmental impact assessment, which excludes some people's right to participate in environmental administration; There are some defects in the specific procedures of public participation in environmental impact assessment. First, the regulations on the way of participation are too vague; second, the participation stage lags behind and does not achieve full participation. Third, the feedback mechanism of public opinions is not perfect, the expression of public opinions is not paid enough attention, and it is impossible to seek scientific and reasonable decision-making results; There is a lack of effective protection of public participation in our country, the public participation effect is not ideal, the public without enough environmental information support, making its expression of opinions incomplete and incomplete, at the same time, the public participation lacks judicial guarantee, there is no remedy, there is no right, the law does not provide for the public participation in the litigation mechanism, and the leading position of government administration power makes it often ignore the public power in making decision-making, so that As a result, they can not effectively participate in the bad evaluation procedure of public construction projects, resulting in difficulties in their interests. The fourth part, aiming at the existing problems in law and practice, puts forward some suggestions for improvement, hoping to improve the public participation system of environmental impact assessment and guarantee the right of citizens to participate in administration.

Read the article here:      环境影响评价公众参与制度研究_郝秀军.pdf