公众参与 : 中国环境法的民主化、法治化课题

Public Participation: Major Issue during the Democratization and Construction of Rule of Law in Chinese Environmental Law - Through analysis of major environmental incidents in recent years

Sustainable development of Chinese economy and society is influenced by various factors, among which eco-environmental conditions and environmental protection efforts act as one of the crucial factors. Continuously occuring major environmental incidents indicate that environmental protection is confronted with greater difficulty of work, larger social cost and higher objective requirements. Public participation, as a democratic driving force of environmental protection in China, demonstrates the democratic direction for the innovation of environmental legal institutions. Public participation played a positive part in several major environmental incidents in recent years. However, lack of order and effectiveness, it also encounters many difficulties and conflicts, which makes it essential to learn from the past and adjust policies. In a new period of deepening the reform and transforming the development patterns, it is crucial to insist the modern fundamental principles of democracy and rule of law, to gradually ameliorate public participation institution and create public participation methods and public participation conditions, and to constantly enrich the content of Chinese environment law and fulfill the new mission of Chinese environmental law.

中國經濟和社會的可持續發展受到多方面因素的影響, 生態环境狀况和环境保護力度是其中的關鍵因素之一；不斷出現的重大环境事件表明, 环境保護的工作難度越來越大、社會成本越來越高、客觀要求越來越高；公衆參与是中國环境保護事業的民主推動力量, 是环境法制革新的民主化方向；公衆參与在近年來若干重大环境事件中發揮了積极作用, 但有序性和有效性不足, 面臨許多困難和矛盾, 亟需總結經驗和調整政策；在深化改革、轉型發展的新時期, 要堅持現代民主法治的基本原則, 逐步完善公衆參与制度, 創新公衆參与方法, 創造公衆參与條件, 不斷丰富中國环境法的新內涵, 認眞餞行中國环境法的新使命。