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Study On The Legal Safeguard Mechanism Of The Right To Know The Environment

Posted on:2016-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:T Y SiFull Text:PDF
GTID:2191330461492217Subject:Constitution and Administrative Law
Abstract/Summary:
Along with the rapid development of modern industry, bring a great challenge to the global ecological environment quality. Air pollution, water pollution and other environmental accidents occur frequently in the world, to promote public awareness of environmental protection has been enhanced, environmental pollution is becoming more and more popular, the more excited about the growing public demand for environmental information. In order to solve environmental problems, meet the demand of the public, environmental right to know gradually become one of the rights of the government paid close attention to today. All round the world, the world’s major developed countries and regions have issued many laws and regulations to protect the environment right-to-know, building up a relatively perfect legal mechanism for protecting the right to know the environment. The establishment of the mechanism to realize the right to know the environment, protect the right to know the environment plays an important role. It’s conducive to the maintenance of public personal and property safety, and promotes the government administrative ability.With the advancement of legal system of society and the strengthening of public environmental consciousness, Chinese promulgated a number of law and regulation environment right legal protection, the system of environmental monitoring, environmental information disclosure, participation in environmental, environmental right to know the main obligations responsibility and so on gradually formed the initial establishment of China’s legal safeguard mechanism of the right to know the environment. But in recent years, increasing environmental group events caused by the public understanding of environmental information, serious impact on social harmony and stability, exposed the incomplete of the guarantee of environmental information in China. It let me find that my country’s environment legal mechanism for protecting the right to know is still insufficient. Therefore, to deepen the study of environmental information, improve the environmental right to know the legal safeguard mechanism is not only the need of the society, but also the demand of the public. In 2014 the newly revised "environmental protection law" formally established the legal status of the right to know the environment, which provides new opportunities for the development and perfecting of the legal protection mechanism of the right to know the environment. In this paper, based on the above background, by using literature analysis, comparative analysis, empirical analysis and other methods of environmental right to know the laws safeguard mechanism study of theory and practice.The article includes four parts: The first part, first analyzes the environmental right to know and the right to know, the environmental right, a clear the meaning of environmental right to know. The right to know the environment element, form the basic cognition of the environment right to know. Then carries on the analysis to the definition and the function mechanism of legal protection of the right to know the environment, demonstrate the important role of the legal safeguard mechanism of rights. The second part through to our country environment right legal protection mechanism of environmental monitoring, environmental information disclosure and public participation in environmental protection, environmental right obligation subject accountability system is introduced, Find the lack of existing in the system and the overall mechanism, and analyze the current environment right to be informed of the legal safeguard mechanism facing On the opportunities and challenges;The third part, through the investigation of the developed countries and regions of the environment right legal protection mechanism, in order to provide inspiration for the construction of legal protection mechanism of the right to know the environment. The fourth part from the details and overall perspective, combined with the reality of China and foreign experience, put forward a number of measures to improve the existing system, make up the overall mechanism, so as to promote the environmental right to know the legal protection mechanism to more scientific and efficient aspects of the development of the operation.
Keywords/Search Tags:Environmental right to know, environmental monitoring, environmental information, public participation, mechanism perfect
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