Study Of Public Participation In Environmental Law Enforcement

Public participation in environmental law enforcement refers to the introduction ofpublic participation in the enforcement work, including reporting environmental illegalactivities, participating in the environmental law enforcement process and the legal act ofsupervising the result of the environmental law enforcement. According to the interpretationand analysis of public participation in environmental management though the environmentaljustice theory, public governance theory,"market failure" theory and "government failure"theory, to introduce public participation into environmental law enforcement is an importantmeans of boosting the environmental law enforcement more to become more fair, moreimpartial and more efficient, is one of the important measures to supervise illegal enforcementbehavior, is the inevitable requirement of the government function transformation and it isalso an inevitable trend of environmental protection administration system reform.Throughout the legislation and practice situation of public participation in environmentallaw enforcement, we can find that there are many inadequacies such as the publicparticipation in environmental law enforcement is inadequate in the trigger mechanism ofenvironmental law enforcement, the hearing system in the process of environmental lawenforcement remains to be improved and the result of the environmental law enforcement islack of effective public supervision.Countries like Japan, Britain, Germany and the United States have formulated typicallaws and policies of public participation in environmental law enforcement. These countriesprovide good models for China such as information disclosure of environmental lawenforcement, environmental administrative hearing system, environmental law enforcementsupervision by environmental protection association and incentive mechanism of publicparticipation in environmental law enforcement, etc.For the purpose of solving the related problems in the public participation inenvironmental law enforcement, the author suggests perfecting public participation in thetrigger mechanism of environmental law enforcement, perfecting the forms and means ofpublic participation during the environmental law enforcement, strengthening the publicsupervision after the environmental law enforcement and establishing the incentivemechanism of public participation in the environmental law enforcement.