公众环境行政参与权研究
发布时间：2018-08-24 07:32
【摘要】： 随着生态环境不断恶化与人类环境意识的觉醒,为克服市场和政府在环境保护领域的双重失灵,公众参与环境保护就成为必然的选择。然而公众参与一直是中国环境保护最薄弱的环节,这与我国环境法中缺乏公众参与权的规定有很大关系。本文试图通过对公众参与环境保护发展过程的分析,并结合我国实践和国外先进经验,阐明建立公众环境行政参与权的理论基础和价值目标,并寻求实现其目标的方式,从而推动公众参与向前发展。 据此,本文从考察公众参与环境行政的由来入手,认为该权利主要是一种程序性的权利和制衡行政权的公权利,并从伦理、宪政和经济角度分析了它的正当性,进而论证了该权利的行使可以保障环境行政程序正义的实现以及增强公众的环保意识,强化对行政权的监督。在分析了阻碍我国公众参与制度形成、发展的原因的基础之上,文章的最后一部分从可操作性和有效性方面构建了较为系统的权利制度的设想。
[Abstract]:With the deterioration of ecological environment and the awakening of human environmental consciousness, in order to overcome the double failure of market and government in the field of environmental protection, public participation in environmental protection has become an inevitable choice. However, public participation has always been the weakest link in environmental protection in China, which is closely related to the lack of the right to participate in environmental law. Through the analysis of the process of public participation in the development of environmental protection, combined with the practice of our country and the advanced experience of foreign countries, this paper attempts to clarify the theoretical basis and the value goal of establishing the public environmental administrative participation right, and to seek for the way to achieve its goal. In order to promote public participation in the forward development. Based on this, this paper begins with the investigation of the origin of public participation in environmental administration, and concludes that this right is mainly a procedural right and a public right to counterbalance the administrative power, and analyzes its legitimacy from the angles of ethics, constitutionalism and economy. Furthermore, it is demonstrated that the exercise of this right can guarantee the realization of environmental administrative procedure justice, enhance the public's awareness of environmental protection, and strengthen the supervision of administrative power. Based on the analysis of the reasons that hinder the formation and development of the system of public participation in our country, the last part of the article constructs a systematic assumption of the system of rights from the aspects of maneuverability and effectiveness.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2200071
[Abstract]:With the deterioration of ecological environment and the awakening of human environmental consciousness, in order to overcome the double failure of market and government in the field of environmental protection, public participation in environmental protection has become an inevitable choice. However, public participation has always been the weakest link in environmental protection in China, which is closely related to the lack of the right to participate in environmental law. Through the analysis of the process of public participation in the development of environmental protection, combined with the practice of our country and the advanced experience of foreign countries, this paper attempts to clarify the theoretical basis and the value goal of establishing the public environmental administrative participation right, and to seek for the way to achieve its goal. In order to promote public participation in the forward development. Based on this, this paper begins with the investigation of the origin of public participation in environmental administration, and concludes that this right is mainly a procedural right and a public right to counterbalance the administrative power, and analyzes its legitimacy from the angles of ethics, constitutionalism and economy. Furthermore, it is demonstrated that the exercise of this right can guarantee the realization of environmental administrative procedure justice, enhance the public's awareness of environmental protection, and strengthen the supervision of administrative power. Based on the analysis of the reasons that hinder the formation and development of the system of public participation in our country, the last part of the article constructs a systematic assumption of the system of rights from the aspects of maneuverability and effectiveness.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前2条
1 赵阳;生态城市规划中的公众参与程序研究[D];中南林业科技大学;2012年
2 顾媛媛;公众和行政机关在环境执法中的协同[D];中国政法大学;2012年
，本文编号：2200071
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