The Research On The Environmental Right To Know In Legal System

The environmental right to know is a kind of right and freedom, which is generated by law, that the public can know and get information about their living environment. It's not only a derived right of people's environmental right, but also a reflection of democratic administration of the right to know in the field of environmental protection. As to the public, the subject enjoying the environmental right to know ,the environmental right to know should include four main aspects: the freedom of knowing environmental information, the right of acquiring environmental information, the right of gaining helps and the right of getting remedies. And environmental information, as the subject of the environmental right to know, should include information both macroscopically and microscopically.The environmental right to know is a right that based on the environmental right and the right to know. It also has certain economic and social bases and reflect some important legal values, such as order, fair, justice, freedom and benefit. Meanwhile, it has a great influence and effect on the protection of public interests, as well as private interests, such as the right of life, health and property: It facilitates the public to take early warning mechanism and to take precaution measures, to reduce the damage brought about by the ongoing environmental pollution accident, to realize their right to get legal remedies after being damaged in the environmental pollution accident, to supervise the behavior of the polluter, it also helps the government to make environmental decision more scientifically and helps the public to supervise whether the environmental administrative organs are exercising power correctly or not.Regarding the environment right to know, the international society has also laid a universal emphasis on it, moreover some developed countries have stipulated it clearly in their national law. these legislation experience can also serve as models in our constructing the law system of the environment right to know in our country. But inour present legal system, the environmental right to know can only be seen sees here and there fragmentally in the Constitution, the environmental protection fundamental law, the environmental protection single law, some administrative rules and regulations and the procedural law. Meanwhile, there are some other defects and shortcomings, such as an unclear responsibility that the government is having now in protecting the public's right to know, the form of unidirectional publication of environmental information can't protect the public's environmental right to know effectively, the environmental right to know and the public's participation system can not be linked rigidly and the not completely opened information about both companies and their products. In view of our country's actual situation, this article begins with the feasibility of our country's environmental right to know, and proposes the public's environmental right to know explicitly from the aspect of substance and procedure, and proposes the establishing of the Law of the Publication of the Environmental information, and to form the system of disclosing environmental information, moreover, the public's participation in protecting the environment and proposes some ponders of their frameworks.