The Realize Of The Environmental Right To Know

With the advancement of environmental legal system and the public have been paying attention to environmental protection continuously.The laws of environmental right to know,environmental information disclosure,public participation are constantly developing.In 2014,the new Environmental Protection Law firstly introduced the environmental right to know and brought the opportunity for the realization of the environmental right to know.With related administrative laws and regulations,it have initially formed the environmental right to know law protection system in China.But recently,lots of environmental group events,such as Changzhou Toxic Land Event and 8·12 Tianjin Port Explosion Event,exposed the problems of realization of the environmental right to know.It will not only hurt the image of governments and their functional departments,but also damage the public.Hence,it is significant to strengthen the research of environmental right to know.Specifically speaking,the dissertation is composes of four parts:In the first part,the author introduces the origin and development of the environmental right to know and defines the concept and constitutive elements of the environmental right to know in the hope of laying the foundation for the late discussion of the realization of the environmental right to know.In the second part,the author analyzes the difficulties with realizing the environmental right to know.On one hand,the Constitution,some other related laws,administrative and local regulations and departmental rules concerning environmental protection have provided the environmental right to know directly and indirectly,but these provisions either stay in the books.Although the new Environmental Protection Law of the People's Republic of China has established the environmental right to know,the environmental protection items in the other related laws,administrative and local regulations and departmental rules have not updated in time.Largely,there are some problems in the implementation of those laws.On the other hand,the low level of the openness of the environmental information,the obligor of the environmental information lacking the opening consciousness,and the low level of environmental protection participation by the public are all the unavoidable trouble facing the realization of the environmental right to know.In the third part,the author compares among the developed countries about how they guarantee the realization of the environmental right to know with the hope of providing some referential significance to China's environmental right to know realization.It should be noted that the author doesn't simply list how these countries do vertically one by one.On the contrary,the author refines and summarizes the common experiences of guaranteeing the realization of the environmental right to know through horizontal comparison among these countries.These experiences include: the models of legislation are diversified,the constitutive elements of the environmental right to know are clearly defined,the public participates the whole process of opening the environmental information,and the remedy choices are quite diversified.In the fourth part,the author discusses the possible paths of guaranteeing China's environmental right to know.In consideration of the difficulties with the realization of the environmental right to know and in combination of the experiences from the developed countries,the author discusses the following four ways of guaranteeing the realization of the environmental right to know in China: perfecting some legislation related to the environmental right to know,enhancing the responsibility consciousness of the government and enterprises,strengthening the public participation,and perfecting the remedies of the environmental right to know.