The Construction of China's Environmental Legislation Public Participation System

By Meng, Tang; Xinyu, Tan | Canadian Social Science, November 1, 2012 | Go to article overview

The Construction of China's Environmental Legislation Public Participation System


Meng, Tang, Xinyu, Tan, Canadian Social Science


Abstract

China's environmental legislation could be enhanced by the public participation and conversation, consultation mechanism, and the mechanisms could be hearing, the legislative forum and Legislative demonstration.

Key words: Environmental legislation; public participate; consultation mechanism

THE IMPORTANCE OF PUBLIC PARTICIPATE IN ENVIRONMENTAL LEGISLATION

The legislation refers to the activity or process to create legal norms. Legal norms, including laws, regulations, and rules. Broad legislative agencies are the state organs, including of state power, the executive authorities. Terms of environmental legislation, environmental laws in China's legal system does not belong to the basic law, and the National People's Congress is not the main agency of environmental legislation. Divided in accordance with the legislative powers of the organs of state power and the executive, environmental legislation consists of two parts, First, the laws enacted by the Standing Committee of the National People's Congress, local people's congresses, regulations by the State Council, the ministries of the State Council, the Commission, the local government's administrative rules and regulations.

Environmental administrative regulations formulated in accordance with the division of legislative authority, the right to be exercised by the State Council, the Ministry of Environmental Protection to develop the right exercise of departmental rules. In the implementation of environmental laws, environmental laws enacted by the Standing Committee of the NPC occupy the dominant position, but when we observe environmental laws, rules and regulations of the formulation process, founding that although the legislative body of environmental laws and the Standing Committee of the National People's Congress, and regulations making body of the State Council, the legislative body is often commissioned by the State environmental Protection Administration (SEPA) is responsible for the research and the drafting of laws and regulations. The result is a national environmental administrative department of fact, in addition to directly exercise their right to formulate environmental regulations, but also indirectly, in part, the exercise of the legislative power of the environmental laws and regulations. Involving in a wide range of our country enjoys the power of the environmental administration departments including not only the Environmental Protection Agency, but also many resource management agencies, such as irrigation, mining, forest, agriculture, urban construction department. This article is not affording its expedition, so it would have to expand the environmental protection department of the main analysis, which also has a reference for other administrative departments for the analysis of the environmental protection department (Du, 2005).

Environmental laws enacted by the National People's Congress is in line with the theory of democratic decentralization, administrative regulations and rules developed by the Government in the legitimacy of the democratic countries, it is easy being questioned. The rule of law is founded on the consent of the people above mlc, it means that unless the established legislative power in the country after the consent of the people outside, from the disposal of any other legislative power, which is the traditional idea of the rule of law. But in the 20th century, with the expansion of national administrative power, the world rapid development of the executive and the legislature, which to some extent impact is on the traditional legal aspect.

People's Congress of the authority vested with legislative power, and the People's Congress is composed of representatives elected by the people, therefore, to solve the problem of the legitimacy of power. However, the rule is no longer based on the consent of the people elected by the people authorities enacted the law, but by the executive enjoyed universal legal rules created by the legislative power. …

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