Study On The Legal System Of Public Participation In EIA

In order to prevent environmental pollution and resource waste caused by the disorderly expansion of economic development,the environmental impact assessment system was born.Through the system design,planning and construction projects are prestudied,analyzed and judged,and possible environmental impacts and environmental risks are deployed and prevented in advance.Public participation,as one of the indispensable links in the EIA system,plays an important role in balancing the scientific and democratic aspects of environment-related decision-making,and has an indispensable and important role in ensuring the openness,freedom of expression,and procedural propriety of the EIA-related decision-making process.In addition,the legal system of public participation in EIA helps to balance the interests of multiple parties and jointly build up a pattern of pluralistic governance.The public participation system in EIA has been revised and supplemented for many times and has been continuously improved.However,by studying and analyzing the content of the provisions of the EIA public participation system and the current situation in practice,it is easy to find that there are different degrees of emphasis on science rather than democracy,results rather than process,and unanimity rather than diversity in the system design and actual operation.Firstly,the problems in the public participation system include: the narrow scope of the public as the main participant,the bias in the adoption or rejection of public opinions due to their professionalism,the low representativeness and low organization of the public,the short time limit for public participation,the misplaced focus of the participation stage,and the difficulty in meeting the public’s needs for expression in the participation mode,and the in-depth analysis of the above problems.The reasons for these problems are analyzed in depth.Secondly,the public participation system of EIA in practice is characterized by formal or even falsified public participation in EIA,as well as practical difficulties such as insufficient information disclosure,frequent occurrence of neighbor-avoidance effect,and obstacles to relief.Through the analysis of the current situation and the real dilemma,it is easy to see that the EIA public participation system has different degrees of problems in the construction of the system of EIA information disclosure,the establishment of two-way communication and feedback mechanism,and the design of the relief mechanism of EIA public participation.The reasons for these problems are unclear legal regulations and imperfect administrative system,such as: unclear information disclosure regulations,poor effect of EIA information disclosure,failure to establish two-way communication mechanism,and unspecific design of relief mechanism.Finally,taking into account the current characteristics of the times and social development trends,we give suggestions for the aforementioned legal provisions and problems in the practice of China’s EIA public participation system,so as to make the EIA public participation system more perfect by introducing a pluralistic governance approach to environmental decisionmaking,supplementing and improving EIA-related laws and regulations and supporting policy measures,and optimizing the relief mechanism of EIA public participation.Through the study of the public participation system of environmental impact assessment in China,we hope to provide some ideas to improve the system,make the procedure of public participation in environmental impact assessment more standardized,the design of the system more scientific,and the legal provisions more reasonable,and then play the important role that the public participation system of environmental impact assessment should play in the legal system and practical operation.