Comparative Study Of Public Participation Mechanisms In U.S.A And Germany Environmental Impact Assessment

As the system of environmental impact assessment setting up in the field of environmental protection in the 1960s, many countries have established environmental impact assessment system. Environmental Impact Assessment (EIA) system, in environmental laws, has been widely implemented all over the world and the international community.Public participation in environmental protection and environmental problems go together, public participation enter a progression of the law as the foundation of EIA system in the world. The article contrast the United States with the Germany of EIA system in the public participation mechanism, following the structure of the thesis:The first part mainly spoke of the meaning of the thesis, the situation of the study, the research methods, the framework and the innovation points.The second part is about the development and condition about the United States and the Germany of EIA system in the public participation mechanism. First is a brief description of the concept and definition of the public participation in environmental impact assessment system, and then elaborates the origin and the development of the public participation in environmental impact assessment in the foreign. Then give detailed description about judicial assurance of public participation, which include the survey of the law s the subject and the scope.Third part introduced the implementation approach of the United States and Germany in the environmental impact assessment system in public participation. According to the legislation and practice to construct the two countries, in the way and stage public participation. Analyze and filter the main rights and obligations of the benefit-related through the various stages.The fourth part is the construct on the participation of security to know about the two countries. Premise condition for the achievement of public right to participate is that the public should have enough right to know. From the perspective of environment impact assessment, disclosure of environment information will ensure the smooth progress of the public participate in environment impact assessment. Without relevant environment information, public can not participate in environment impact assessment, even if they can, this condition can be considered as blind participation, or emotional outburst. Only the effective safeguards of public's right to know can we put the public participate in environment impact assessment into practice. Comparisons of right to know involve the following six aspects:general legislation of the safeguarding, request body and request object, request procedures, ways of information disclosure, elimination and limitation, and relief.The fifth part is to explore the difference about the two countries in the judicial assurance of public participation. From perspective of environment impact assessment's flaw judicial assurance and lawsuit qualification of environmental organizations, these two points of view to discuss.The Sixth part is the conclusion of the study of the review on the survey, and makes a corresponding.