Study On The Legal System Of Environmental Impact Assessment From The Perspective Of Administrative Law

Although the legal system of the environmental impact assessment (EIA) has been existed for about 30 years in China,environment problems remain and are even worse somewhere.This situation is still not changed after the enaction of the "Law of the Environmental Impact Assessment". Most studies on the system of EIA including the researches from the view of the administrative law aim at putting forward the suggestions through analyzing the statutes and the practices,in which few author concems the structures of the system of EIA.In fact,the construction of the system determines the enforcement of the "Law of the Environmental Impact Assessment".So this paper systematically studies on the inner structure, outer structure,administrative acts,administrative plan,procedural law of administration and administrative litigation.The first chapter refers to the structure inside the system through analysing the administrative acts.According to the "Law of the Administrative Licence" and the "Law of the Environmental Impact Assessment",the traditional definition of the system of EIA becomes outdated.So the author plans to build the "new" system in this part to be in case of pollution before the construction.The second chapter considers the structure outside the system.Before a construction is confirmed,many licences should be made,including the licence from environmental protection agency.Therefore,there are many conflicts among these licences.This part illustrates the relationship between the licence of the environmental protection and the others,which is instituted by the act or changed by the reform.The third chapter continues the discussion that the former part introduced.The administrative licence reform,to some extent,changes the structure out the system of EIA.After considering the administrative procedural legislation in other courtries,the author talks about the administrative precedual legislation in China.The forth chapter discusses environmental impact assessment of planning and the administrative plan.The legal nature of the administrative plan in the "Law of the Environmental Impact Assessment" should be determined before further discussion.Besides,the procedures,problems, and solutions in environmental impact assessment of planning are discussed in this part.The last chapter deals with the legal system of the environmental impact assessment and the administrative litigation.Many specialists suggest the kind of public interest litigation,or citizen suit.This part will systematically construe the lawsuit,and give the result.