Empirical Analysis Of Judicial Cases Involving Public Participation In Environmental Impact Assessment

Environmental impact assessment system aims to put forward countermeasures and measures to prevent and reduce adverse environmental impacts.As an important part of environmental impact assessment,public participation endows the public to participate in environmental impact assessment through legal channels,so as to maximize the public interest in EIA decision-making.However,through the analysis of a large number of judicial cases of EIA we can find that there are still some problems in the system of public participation in EIA.Firstly,this paper combs the concept,characteristics and significance of EIA system and public participation in EIA,and explores the legal basis of public participation in EIA system.Its legal basis includes the theory of environmental rights and stakeholder theory,and summarizes the legislative evolution of China's environmental impact assessment law.Secondly,through the collection of EIA judicial judgment documents,this paper sorts out the judicial practice of public participation in EIA,and makes an overall planning and analysis in the way of publicity,the way of participation,the number of participants,the information feedback rate,the identity of the plaintiff and the defendant,the reasons for the judgment and the judgment results,and refines the judgment focus of representative judicial cases.Thirdly,through the analysis of the collected judicial cases,the author summarizes the problems existing in the judicial cases of public participation in EIA,including the insufficient protection of the right of public participation in EIA,the imperfect protection of the information right of public participation in EIA,the insufficient enthusiasm of public participation,the unreasonable distribution of legal responsibility of public participation in EIA,and the imperfect protection mechanism of public participation in EIA.At the same time,in view of the above problems,the author analyzes the causes of the problems in combination with the judicial practice and the current legal norms.The reasons are: the current relevant legislation of public participation in EIA is not perfect,the current relevant legislation of public participation in EIA is missing,the public participation in EIA is not high and the ability to participate is insufficient,and the judicial review process and purpose of EIA cases deviate from the purpose of EIA.Finally,in view of the above problems and causes,based on the national conditions,in connection with the legislative frontier dynamics,and drawing on the useful experience of foreign countries,the author puts forward the following suggestions to improve the public participation system of EIA in China: first,to enhance the protection of the public participation right of EIA;second,to improve the public participation system of EIA in China;The second is to increase the protection of public information right;Third,improve the public's enthusiasm and participation ability;Fourth,the reasonable distribution of legal liability;Fifth,improve the judicial guarantee of public participation in EIA.