Study On Judicial Review System Of Environmental Impact Assessment

In the face of resource exhaustion,serious environmental damage and worsening ecological environment,it is urgent to protect the ecological environment.The construction of ecological civilization is related to the well-being of the people and the future of the nation.Environmental impact assessment system refers to the system that must be abided by in the form of laws,regulations or administrative rules.However,in the specific implementation process of the system,there are many problems.In order to pursue the immediate interests,the administrative organs abuse their power.For the projects that should have environmental impact assessment,they start to work without environmental impact assessment,or they cheat in the process of environmental impact assessment.The repeated prohibition of illegal environmental impact assessment not only leads to serious consequences,but also the continuous outbreak of mass incidents,which not only greatly reduces the government’s sense of the people In addition,it also seriously affects the social harmony.It brings hidden danger to people’s health,also causes economic loss and serious damage to the ecological environment.This series of problems need us to solve urgently,so that the environmental impact assessment system can play its original role.On the basis of clarifying the development status of EIA system and the role of judicial review system in China,this paper selects three typical cases based on the preliminary summary of this type of cases,reflecting the focus of disputes in the judicial review of EIA,and taking this opportunity to further explore the elements of judicial review of EIA,respectively from the perspective of their duties Starting from the three aspects of right,procedure and fact,it is found that in the judicial review of environmental impact assessment,due to the professional nature of environmental impact assessment and the uncertainty of risk,there are some shortcomings,such as too strict requirements for the qualification of the plaintiff’s main body,limited scope of review and lack of substantive review.In order to effectively solve the shortcomings and obstacles in the judicial review of environmental impact assessment,this paper puts forward reasonable suggestions on the normative path of the judicial review of environmental impact assessment.First of all,the paper puts forward the main principles of constructing and clarifying the judicial review of environmental impact assessment from the macro perspective;then,from the micro perspective,it puts forward reasonable suggestions on making up for the gap of the judicial review system of environmental impact assessment through legislation,clarifying the right of public participation in environmental impact assessment and legal relief.