Public Participation In Environmental Impact Assessment System Researc

Since "China’s Environmental Impact Assessment Law," "Interim Measures on Public Participation in Environmental Impact Assessment" and other laws promulgated, around the environmental impact assessment of the administrative decision to expand activities, there have been more affect the expression of public events nationwide environmental interests demands in recent years, events such as the Xiamen PX project, Sichuan Shifang molybdenum copper project events, Guangzhou Nansha petrochemical project events, those events have ignored the importance of public participation, resulting in the latter part of the specific public during construction of the road toward the rights. As it can be seen despite the legal provisions of public participation in environmental impact assessment system, but because much of the constraints of various factors, in the process of public participation in the EIA in the reality of life, citiens did not get the right to participate effectively protect the public take all way to safeguard their own rights and interests, and even the public and government opposition conflict situations in individual regions.In this paper, I learn from foreign advanced legislative experience and based on the combination of public participation in the environmental impact assessment practice into four parts:The first part introduces the general theory of the environmental impact assessment system in public participation, focusing on the concept of the environmental impact assessment and public participation, and the relevance of public participation system. The second part introduces the advanced experience of foreign legislation, focusing on the United States and Japan, and review its legislation to found suitable for our study,and to provide reference for legislative perfection. The third part focuses on the problems of our the evaluation of the environmental impact public participation system, there are the following conclusions:First, in China’s environmental laws and regulations on environmental impact assessment of public participation provisions, the public participation and the participation of the main object is too narrow, excluding the others’right. Second, public participation in environmental impact assessment specific procedures have flaws, Firstly is public participation provisions are too vague, and there is no uniform requirement of public participation in the selection criteria, there is no public right to start the program in the EIA and citiens are impose a passive position. Secondly, the public participation phase lag, public participation did not achieve full participation,most cases the public participation procedures before the existence of illegal behavior, the public interest suffered varying degrees of damage; Third, public feedback mechanisms are inadequate, the core of the public participation system is fully listen to public opinion, and to seek reasonable decision results of scientific, our country does not establish the sound feedback mechanisms, public opinion did not get enough attention. Finally, the public participation lack of effective protection, and public participation results are unsatisfactory, citiens does not have sufficient environmental information result that they have no enough way to express their opinions, and another problem is the lack of judicial guarantees in public participation, No Relief Had No Rights, the law does not provide for public involved in litigation mechanisms, and government dominance of the executive power make its’decisions tend to ignore the power of the public, the public can not effectively participate in public construction project environmental impact assessment, resulte its interest demands difficult. The fourth part foucs on the problems of legislation and realities in our country, put forward the corresponding improvement suggestions, hoping to better improve public participation in the environmental impact of the evaluation system to guarantee the right to participate in public administration.