The Research Of Advisory Committee On The Environment

In recent years,there were a series of environment mass incidents happened in our country,which was highlighting the enormous pressure of the local government on environmental issues.The management model of paternalistic control was unable to meet the needs of market players,but also made the government respond afterwards.To resolve environmental mass incidents,it needed to consider the scientific and democratic decision-making,interest compensation and so on.To create a win-win situation,we should turn to the management of institutional arrangements,the establishment of the more smooth communication mechanism of the public opinion and the benign interaction of all parties.The institution system of Environment Advisory Committee and the establishment of rational communication channels between the government and the public in the stage of administrative decision-making,was providing a system platform for the benign interaction of all parties.As an institutionalized organization form,the Environment Advisory Committee has some features such as independence,permanence,consultative,openness and procedural,it is an important channel to promote the public participation and enhance the communication between government and citizens,in favor of participation in government decision-making legally and orderly for all parties.The institution system should be designed to protect the positive interaction between the environmental protection parties as a starting point,when experts,environmental groups and other third parties involving in the decision-making prior consultation process,the environment government decisions should been sure to actively listen to public opinion.In theory,the research of the public choice theory and deliberative democracy theory and governance theory and other related research in the field of economics and political science,provides a deeper explanation for the rule of law of environmental consulting,helps us to understand the necessity and rationality of the existence of the Environment Advisory Committee system,and perfects the relevant legal provisions.Public choice theory suggests that in the absence of constraints,the administrative decision makers pursue utility maximization behavior led to the government failure.Resources and environment problem is a typical problem of Government Failure.With the interaction process of deliberative democracy,Environmental Advisory Committee becomes the restriction and supervision to the government,and makes environmental management shift to governance.Around the world,countries and regions which mostly focus on environmental protection have different forms of environmental advisory committee,to investigation and review on environmental matters,to provide suggestions for government decision-making,to bridge the communication environmental affairs between the government and the public.It can be roughly divided into two kinds of legislative mode,one is the individual method mode represented by the United States,in command of Advisory Committee Act,Clean Water Act and Clean Air Act and other single law regulate the Environmental Advisory Committee;the other is the basic mode represented by Japan,Britain,Canada,their environmental Law clearly stipulates that the establishment of the Environmental Advisory Committee.The development of Environmental Advisory Committee presents that the knowledge legalization is transferring to the participation legalization.From providing purely technical support early days,to be a platform in public participation,its change also reflects the developmental process in the scientification and democratization of the administrative decision-making.Environment Advisory Committee conducive to implement the scientification and democratization of the administrative decision-making.But to effectively play its institutional capabilities,to be undertaken the mask of the introduction of professional knowledge,promoting public participation,restricting government power and the realization of civil autonomy,it requires to be clear and normative from the organization architecture and operation of the process.Environmental Advisory Committee system in China has not yet been established.In practice,executive decision is often made at first,the forums and debates and the hearing will be convened later,the decision-making process is lack of standard and constraint,resulting in the existing Environmental Advisory Committee is a mere formality.The real problem is the interests and government department's disputes behind the professional knowledge and the public opinion foundation.The key of the system design is to effectively restriction on environmental administrative decision,one is the permanence and independence of Environmental Advisory Committee,the second is the prior intervention,the third is the constructive dialogue through the balance of the profession and democracy.