Research On Environmental Information Disclosure Problems Of China

In recent years,serious haze phenomenon occurred in the areas like Beijing,Hebei etc.has triggered high attention in the society,because the air on which people live has been severely polluted.Environmental problem has once again been focused especially after the documentary "Under the Dome" by Chaijing,a famous host in China,is reported extensively by all kinds of media.Actually,in the early sixties and seventies of the 20 th.Century,similar damage on the masses caused by haze also occurred in America.It was such damage that caused people to reflect on environmental protection and national environmental protection movement was spontaneously stirred up among the people,which promoted the environmental improvement in America.It was the very famous Los Angeles smog event that gave rise to the national environmental protection movement.In Japan,the environmental protection laws and relevant legislations were also promulgated and implemented under the impetus of nongovernmental organizations(NGOS)movement,which effectively protected the public right to know environment in Japan.Under the situation that environmental tort events caused by ecological environment deterioration have been increasing,our country needs to further confirm environmental information disclosure urgently and make continuous development and improvement.The environmental information disclosure is an essential foundation for our people to participate in and manage the environmental affairs.Internally,to complete the legislation of the environmental information disclosure includes the public acknowledge of environmental protection claim based on their environmental protection concept.Externally,it embody the progress we have made in relevant system construction concerning China's environmental information disclosure.But there is still a big gap between our country and developed countries in the environmental protection right of claim system.January 1,2015 since the implementation of the new "environmental protection law",the fifth chapter information disclosure and public participation provisions,is a great historical progress of China's environmental information disclosure,Admittedly,under the circumstance of "severe haze",it is of historical and practical significance to make further research and analysis on the main problems existing in the right to know environment and propose effective countermeasures.The paper consists of 4 parts.Firstly,it analyzes the survey of right to know environment and environmental information disclosure which explains the definition of the right to know environment,states its components from the aspects of the subject,contents and object of environmental information disclosure,and confirms the practical significance of environmental information disclosure.Secondly,based on the basic information about the environmental information disclosure in the first part and combining with the current situation of protection on the environmental information disclosure in our country,this paper presents the main problems about the environmental information disclosure existing in our country.Thirdly,it expounds the legal protection experience on the environmental information disclosure in developed countries,like America,Britain and Japan and the current legal situation of how regional organizations protect environmental information disclosure,and summarizes how these advanced legislation can enlighten our country.Fourthly,based on the above information on environmental information disclosure,combining with the specific national conditions in our country with the advanced practice on environmental information disclosure in foreign countries,this paper comes up with some targeted suggestions to improve the legal protection of the environmental information disclosure in our country.In addition,the author believes a good law,not only is the law of matter,also need to have good execution,and can guarantee a legal system of the specific implementatAt present,although there are some specific practice on the legal protection of the environmental information disclosure and continuous progress has been made in the relevant legislation to protect the environmental information disclosure,such as the explicit rules made by the Supreme Court on environment public interests litigation.In 2015 the newly revised environmental protection law also stipulates the fifth chapter information disclosure and public participation.But the problem is the implementation of the new provisions of the law there are still some problems,the public rights consciousness,to protect the right of judicial practice in the corresponding also has some shortcomings,but in practice it is scanty.The legislation is not clear also means that the government's responsibility is not clear,public information enterprise obligations cannot be really implemented,once the environment is damaged,environmental information disclosure obligations--both government and enterprises will be of mutual buck passing,refuse to accept responsibility.Of course,the citizen's environmental right to know is impossible to achieve.Even some of the local government to local economic growth,colluding with the relevant enterprises,concealing the true situation of infringing upon the citizen environment right to be informed.In comparison,the citizens in the vulnerable groups,environmental information disclosure being infringed,which hit the enthusiasm of public participation,the citizen's environmental right to know is difficult to achieve.This article from the current situation of environmental information disclosure and the basic theory of the right to know the environment into the environmental pollution,and the advanced foreign legislation is analyzed,the main problems existed in the disclosure of environmental information in our country,puts forward some viewpoints and suggestions,in order to solve the environmental information public to protect this problem help or inspire.