Research On The System Of Public Participation In Environmental Impact Assessment

In recent years,our national economy has made remarkable achievements, But along with the environmental pollution is also increasing,social events occur frequently that caused by environmental problems.Xiamen PX case, the sea outfall of Oji Paper Company caseand so on have set people thinking.Faced with the deterioration of the environment, environmental protection system is not perfect. Especially,it is to blame that the environmental impact assessment system become formality.Environmental impact assessment system to establish the purpose is to prevent to damage to the environment is engaged in the development of behavior, Due to the incomplete and lack of public participation mechanism, it is not played a role as gatekeepers,resulting in a large number of project that have environmental risks continue to be implemented.In the above mentioned two incidents,because the project in the lack of public participation in the project examination and approval process,citizens have many ways to vent discontent by "walk"and rushed into the government buildings.Behind these disputes and conflicts,not only the project may lead to environmental pollution problems but also EIA decision-making process is opaque,which exacerbated the public’s mind, and enhance the public’s resentment.This is perhaps the media’s mouth of the victory of the "public opinion",But this thought-provoking:What makes people take drastic confrontation express their views?whether the current mechanism can ensure public participation in the EIA?If there is a corresponding procedure guarantee of public participation?As is known to all, our country in the environmental impact assessment act was enacted in 2002, formally established the EIA system,But compared to the United States, Germany and other countries,we have a late start and lack of experience.Therefore, draw lessons from foreign useful experiences about public participation in EIA, find a belongs to the unique ways of EIA in our country, let the public can be under strict procedure guarantee, and advice for the decision of the EIA.This article from the perspective of public participation in environmental impact assessment, taking the procedural safeguards as a starting point, by four parts to elaborate legal issues:The first part,First introduce two case analysis the reason which lead to thinking about public participation in the program, and then think about the sense of environmental impact assessment system and the value of public participation; The second part,through the introduction of the main content of public participation in environmental impact assessment in our country, raises the problems existing in the procedure of public participation in EIA of our country;The third part,Introducing foreign mature experience in public participation in EIA procedure, especially according to my conditions, can also be applicable program rules, to provide reference for the improvement of public participation in China program;The fourth part,For perfect the procedure of public participation in environmental impact assessment in our country, draw lessons from foreign experience and put forward feasible suggestions and comments.Through the study of this article, the author hope to provide some research in order to improve public participation in our program, in order to make public participation in the program more standardized, so as to play the role of public participation in environmental impact assessment in practice.