Open government environmental information Legal Issues
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||Government environmental information public Environment informed rights Judicial relief|
As environmental pollution and destroy the increasingly serious environmental management became governments, an important administrative duties. Especially environment management. public information to the public for the government throughout the public environmental information duty. Our country environment information publicly in government, formulate a lot of laws and regulations, pushing the government environmental information public legal system. But because of their late start, our government environmental information openness, there exist many legal problems, so it needs to, to study these questions for future China’s relevant government environmental information disclosure aspects obstacles, the effective protection legislation public environmental information.The first chapter is mainly introduce government environmental information openness theoretical basis, mainly including the concept, principle, and the government’s public environmental information has the functions, such as safeguard environmental information, expanding public participation and the construction of the lawful government, these are conducive to better protect public lawful rights and interests of the final purpose of realize environmental protection. In addition, the people’s sovereignty, respectively on public trusts and environmental information theoretical discussions, seek its produce theory basis. Every legal systems need a related theory basis for support, only has certain theoretical foundation, this system can construct, otherwise will become non-existent, like.The second chapter focuses on analyzing China’s relevant government environmental information openness legislative situation in China are discussed, and the environmental information disclosure subject, open mode, open range and relief way four aspects the legislative provisions and the existing problems. Public body, Chinese still lack of legal unified regulation, subject range nor comprehensive, and lack of a permanent coordinating instituaions; Open mode, always focuses on the citizenship application in environmental information way, if apply for the shortcomings of the main qualifications required relatively narrow, the applicant submit material also more demanding; Open range, divided into form on the scope and substantial scope two respects, form the relatively generalization is prescribed scope, in essence, the scope of public information on the probe government environment the form of unreasonable exceptions regulations; By the way, in relief in the uproar gaffes south China tiger incident, "especially our country" government information publicity work of the annual report 2010 shown in the lawsuit about this piece of blank conditions lead the deficiencies of the judicial relief.Chapter 3 from our government environmental information publicly deficiencies of the United States, the European Union countries explore in government environmental information openness system of open subject, in public way, open range and relief way related prominent legislation in China, which tries to measures to establish and perfect the government’s environmental information openness system provides some reference.The fourth chapter, mainly for our government environmental information public problems existed in the United States and European Union countries for reference on the basis of the advanced experience, the author puts forward personal countermeasures and related improvement Suggestions. In open subject, in absorption American and British based on relevant legislative experience, the author puts forward a unified information openness legislation system, expanding the scope of subject information publicity and set up special coordination management institution, In a public way, the absorption of the European Union on the AoHuSi convention, suggested that our regulations shall broaden the scope of application subject qualification, and establishing scientific information classification model; In public, the scope of the eu AoHuSi absorbed convention of the relevant provisions, suggestion establish incarnation range, and clear publicly about public range exceptions; In perfect our country government environmental information relief system, with China’s national conditions in China, this paper explores the ways of the authority of relief personnel supervision ways, main Suggestions of perfecting administration accountability system. In addition, combined with Britain’s relief system, puts forward the independence of the judicial organs shall strengthen and perfect our country’s environmental information regulation and construct a scientific administrative litigation system related Suggestions. Perfect the government environmental information publicly, tries to make our government environmental information publicly standardized and legalization as soon as possible the road.