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On Legitimation Of The Administrative Decision-making Process On Environmental Protection In China

Posted on:2015-07-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:H B XieFull Text:PDF
GTID:1221330452966703Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Administrative decision-making process that could impactenvironment refers to a whole conception of the step, order, and deadlineof the administrative decision-making that could impact environment.Justification of administrative decision-making process is an activity foradministrative decision-making process.Social norm and value are the basis of justification of administrativedecision-making process related to environment, and they made thisprocess to be acceptable. These social norm and value included ecologicalcivilization, political democracy, the rule of law, sustainable development,democratic participation on environment protection, environmental rights,the due process and so on. In summary, all of these norms and valuescould be summarized ecologicalization, legalization and procedurejustice.Administrative decision-making process related to environmentconsisted of four steps, such as raising a question, setting goals, designingscheme, and feedback. Under this framework, and at the basis ofecologicalization, legalization and procedural justice, this paperestablished legal regimes for justification of administrativedecision-making process related to environment. All of these legalregimes included environment and development compound decision regime, environmental impact assessment, cost-benefit analysis,environmental risk assessment, environmental information disclosure,public participation and so on.Besides, another pattern of justification of administrativedecision-making process is American process, named environmentalimpact assessment. National Environmental Policy Act and CEQ providethe procedure of environmental impact assessment. Public ParticipationPolicy of EPA provided public participation on environmental protection.
Keywords/Search Tags:Administrative Decision-making Process, Justification, Environmental Protection, Procedural Justice, Ecologicalization
PDF Full Text Request
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