Japanese public participation in the legal road of environmental protection
November 16, 2020 10:04 Source: "China Social Sciences" November 16, 2020 Total 2048 Author: Zhao Qiong

Well knows,Japan has achieved a lot of achievements in environmental protection。The public participation of Japan on environmental issues has also undergone significant development。This aspect is due to the continuous improvement of a series of regulations,On the other hand,The public participation in environmental protection actions and the improvement of public environmental awareness also played an important role。

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Generally speaking,The legalization process of the Japanese public participating in environmental governance and land use is roughly divided into four stages。The first stage,From the 1950s to the 1970s。Laws on the public participation in environmental protection are not perfect。The Japanese economy entered a high -speed development stage after World War II,Its development momentum depends mainly on steel、The rapid development of the oil and chemical industry,But during this period,Many serious pollution incidents occurred,It has caused greater damage to the health of the Japanese people。For this,Japanese local governments actively take measures to control pollution。For example, the "Public Water Fedry Reclamation Law" was revised in 1973,I introduced public participation in the decision to issue a license。but,Public participation procedures are only performed in the final stage of administrative procedures,Only limited Bet365 lotto review choice,The scope of participating in the decision -making process is also limited to stakeholders such as land owners。In this process,Established by a lawyer、The victim group、Network organization composed of researchers and reporters。If the Japanese Environmental Committee (JEC) was established in 1979,The committee reports pollution cases as reporters,Reform recommendations for pollution control and remedy to the government。

The second stage,The 1980s to the 1990s。Although the Japanese citizen movement continues to increase,But the public participation in the process of environmental protection law is still not high。Its typical example is the promulgation of the first environmental impact assessment method,This law is opposed by the industry's relevant agencies。This environmental impact evaluation bill was submitted to the Japanese Parliament in 1981,But in 1983, it was not approved without review,The main reason is that the opportunity for the public to participate in the EIA is limited,It also triggered a serious conflict between the public and the administrative institutions responsible for public engineering。

third stage,The 1990s to 2000。1992,After the Rio Earth Summit was held,Public participation has become a common topic in Japan and other countries。Japan's land use and environmental law also introduced various public participation and cooperation legal measures。In many cases,The purpose of public participation is to collect environmental information,in order to make better decisions or promote volunteer activities。The Japan Global Environment Bet365 app download Fund (JFGE) established in 1993 not only supports environmental protection activities in Japan,also supports environmental protection activities of developing countries。1995,After the Great Earthquake of Hanshin,The Japanese public even saw the importance of non -profit organizations in the process of environmental protection。In fact, the "Environment Law" promulgated by the Japanese government in 1993 has clearly stipulated,The environmental burden generated by social and economic activities should be alleviated through voluntary activities。1995,The "Urban Planning Law" revised by the Japanese government once again emphasizes the importance of public participation。According to the revised "Urban Planning Law",All municipal governments should develop a general plan,and stipulate that any necessary measures are taken in this process,If a public hearing meeting is held,Consider the opinions of residents。1996,Japan established the Global Environmental Promotion Center (GEOC) and Environmental Partnership Office (EPO),They are intermediary organizations that promote partnerships between all parties。1998,Japan launched the "Promotion Law of Specific Non -profit Activities",It is intended to promote the activities of the public and non -profit organizations through the law。

Fourth stage,From 2000 to the present。Decentralization of the administrative power of the Japanese government since 2000,Further strengthening public participation。In 2002, the Japanese government once again revised the "Urban Planning Law" to introduce a new proposal,To attract personal active participation in urban bet365 live casino games planning。Land owners and non -profit organizations obtain certification in accordance with the "Promotion Law of Specific Non -profit Activities",Other entities can recommend to local governments to modify urban planning。2005,The Japanese government revised the "Administrative Procedure Law" promulgated in 1993,Introduction to the public opinion of administrative regulations required by the Avos Convention for public opinion。The "Environmental Impact Evaluation Law" after the revision in 2011 was introduced into the environmental assessment public participation link。According to this method,One of the goals of the environmental impact assessment procedure during the planning phase is to formulate environmental impact factor。During the environmental assessment process,Any public can plan in the EIA、The scope is defined and the drafting process is made。So,Japanese local governments began to formulate local autonomy、Basic Regulations for Public Participation and Partial Cooperation。Now,About 30%of the Japanese local governments have issued some basic laws,The legal framework of public affairs。After the 2011 Japan Earthquake,During the recovery process of the affected community,The Japanese government amended and promulgated more than 40 laws,It clearly stipulates that promoting partnership between different groups is the key to the sustainable development of the environment,and promote cooperation with all parties through laws and regulations,So as to improve the transparency of administrative operation。

  Continue to expand public participation space

Japanese public participation in environmental protection bet365 best casino games is more voluntary behavior,Its legal framework and implementation plan have certain characteristics。

First,Legal to protect the public's right to participate in environmental protection。In terms of natural recovery,People generally recognize that public participation has played a certain role,Play an important role。Article 3 of the "Nature Restoration Promotion Law" in Japan,"Promote participation and cooperation between departments。Local residents、Non -profit organization、Personal、Land owner、Relevant municipal governments or relevant government agencies,You can organize naturally to restore the consulting committee,Participate with relevant organizations and relevant personnel。It can develop a general plan for natural recovery,Discuss the draft plan of the implementation plan,and formulate the final implementation plan,Undertake environmental protection projects by non -profit organizations "。But,During the implementation process,The public administrative department does not have clear laws and regulations,Guide it to provide financial support to environmental protection projects initiated to non -profit organizations。

2,Non -profit organizations play a significant role in environmental participation。So far,Japan already has more than 24 consulting committees。Local residents、Non -profit organization、Personal、Land owner、Relevant government agencies may request a community -based natural recovery project,and organize naturally restore the consulting committee、Other related organizations and relevant Bet365 lotto review personnel participate。The tasks of each consulting committee are not limited to discussing the plan,And also actively committed to promoting project execution。Take the built dam as an example,The "River Disaster Prevention Law" and "River Law" in Japan all stipulate that managers have the right to discrete to open management to the public。But for decades,Activities against the construction of dams constantly,Because the construction of the dam may cause waste of water resources and deteriorate the environment。According to regulations,River managers should take necessary measures,If public hearing,Listen to the opinions of the people if necessary。

third,Putting on power to provide space for public participation。Although the degree of the Japanese public participation in the law has been improved,But there are still many key points that need to be improved。According to different regions and different environmental problems in Japan,The degree of allowing the public to participate is different,There is still a huge difference at the level of participation。On the one hand,Some local governments have formulated their own public participation in basic regulations,Based on national laws,I have introduced supplementary support measures,To promote the use of various participation systems。On the other hand,Many local governments are not in a hurry to promote public participation。In this case,If you cannot guarantee proper public participation,Sustainable environment is still easy to be ignored。

(Author Unit: School of Law, Zhejiang University of Finance and Economics)

Editor in charge: Cui Cen
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