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The Public Participation in Environment Impact Assessment in China

Author: FanLiNa
Tutor: FangLiXin
School: Zhejiang University
Course:
Keywords: Environment Impact Assessment Public Participation Timing of Participation environmental proceedings
CLC: X820.3
Type: Master's thesis
Year: 2011
Downloads: 179
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Abstract

The big events happened in recent years like site selection in Panyu district in Guangzhou and PX factory in Xiamen, exposed the inefficiency of Environment Impact Assessment in China. Although because of the strongly urged, relevant residents, the government promises not to begin construction until the Environment Impact statement says yes. And the two cases have been acclaimed as a "good communication government and citizens paradigm",there are still two unsolved problems. First of all, the above two cases of so-called "communication" happened occasionally, as a matter of fact, the government did not reveal any information related to the project as the law required,after all the preparation including the site selection and administrative approvals procedures. the government announced the project is about to start in immediate future.These situation indicates the so-called expression of interest and participation in public affairs of local people are of great contingency. Second, the project’s suspension is usually considered as residents victory, actually it’s probably not.Second, some projects which are necessary do harm to environment, and what we should do is not just denying the necessity but minimizing the bad effect and risk though comparison different plans of the projects.The widely existed thought of "not in my backyard" shows us that everyone wishes to get benefits from the programs and intends to refuse that the program is located near their neighborhood. From this point of view, in the case above, the public participation were not sufficient enough to get all relevant persons’opinion, the appeals of the opposition side are easily get the public supports. Under this situation, whether the program should be implemented depends on public emotion rather than rational arguments and reasoning.Though the analysis of the administrative approval procedure, the author believes the weakness in Environment Impact Assessment and order problem of different administrative approvals on a certain project leads to the intentional ignorance of the prior position of EIA.Looking into the EIA itself, the author believes the key part of the EIA——public participation——does not work.After comparison among systems of China, US, Japan, and Taiwan, HK District, it leads to the conclusion that Chinese system has four main disadvantages:the rules about government plan EIA lacks of practical applicability; it is too late for the public to enter the EIA; the law does not help to decide how much the public opinion can weight in the administrative organs’ decision making process.; people are not able to claim their rights via courts.As to the research methods, this article adopts comparison method, and case analysis.

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CLC: > Environmental science, safety science > Environmental Quality Assessment and Environmental Monitoring > Analysis and Evaluation of Environmental Quality > General issues > Environmental Impact Assessment
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