Research On Judicial Review Of Environmental Impact Assessment Of Construction Projects

At present,the environmental pollution and damage caused by construction projects in China are still very serious.The administrative authorities have questioned the validity of the environmental impact assessment approval.On the other hand,it is hoped that the judicial authorities can supervise and review the environmental approval activities of administrative agencies.However,due to the constraints of the current legal regulations,the court’s supervision is also limited to the examination of the legality of administrative acts.This cannot be penetrated into the discretion of the executive authorities.It appears to the public as an irritant and does not solve the problem.In the game of rights and power,the contradiction between the public and the government is increasing,and the role of courts in dispute resolution is particularly important.This paper first carried out the concept research of the environmental impact assessment of the construction project and the theoretical exploration and definition of the judicial review.It focused on the importance of introducing judicial review during the environmental impact assessment of the construction project.Secondly,it analyzes the reasons for the current judicial review of administrative approvals,the problems existing in the case itself and the supervision of the court,and the reasons for the plaintiff qualifications,environmental information disclosure,public participation,and review criteria that lead to these problems.Then I studied the experiences of the United States,Germany,and other countries in the areas of environmental protection,protection of citizens’ rights,standards for judicial review,and put forward his own suggestions The article focuses on the following suggestions,the qualification of plaintiff should be appropriately expanded and the subjectivism standard should be adopted under the restriction,the environmental group should have the plaintiff qualification of administrative litigation;the law should provide that the government should effectively inform the public in the case of detailed information disclosure;the public should widely participate in environmental protection,the law in the maintenance of public interests should take into account the benefits of private benefits;the court can use administrative agencies to resolve the issue of lack of professional expertise.It is hoped that with the implementation of these measures,the public can use legal and rational methods to solve environmental disputes.The executive authorities can attach importance to the rights and interests of citizens and promote the rational development of administrative decisions.