The Study On The Perfection Of The EIA System In China

The pressure on the environment in our country has been increasing day by day and people's environmental rights are being violated and threatened, which is thereby endangering the entire human race to survive and develop. Severe environmental crisis impels us to review, reflect and assess their thoughts and behavior, Environmental impact assessment (EIA) is the institutional arrangements of such review, reflection and assessment. EIA has played a certain role to prevent the deterioration of the environment in our country, but, when it began to settle in our land EIA seemed not to be "acclimatized". Collision, friction and integration have been produced between EIA and the culture, economy, legal system, politics and society of our country. During it is being accommodated EIA never suspends to be excluded and questioned. When it was promulgated, Environmental Impact Assessment Act of People's Republic of China was weakened, constrained even dismembered, so it is congenitally deficient. This article aims to explore the improvement measures of EIA system in China, with a hope of making the EIA system more complete and playing a more active role in our country's environmental protection.During the context of development of EIA system is sorting out, the historical background and the mission of EIA system will be analyzed, and the analysis of the actual running of EIA system in our country will be made to find the problem and point out its adverse consequences and expression in its concrete implementation at the various aspect and procedures. The contrast analysis between the regulations and the status of implementation of EIA system and those in other countries will be worked out. Through drawing on advanced foreign experiences and achievements of other countries, the EIA system in our country can be improved and made perfect and become a real weapon of environmental protection. A new viewpoint that the improvement in the original framework of EIA system should be done and the existing framework of EIA should be broken through and we should create realistic EIA system and guiding EIA system is emphasized in this article to make EIA system be provided with multi-dimensional tentacles and systematically and comprehensively play a role in the environment protection.This paper is divided into five parts. Partâ… is the foreword, which describes the purpose, scope, theoretical significance, practical value and research methods of this study, as well as the researching state in the related fields at home and abroad.Partâ…¡is the overview. It is the theoretical basis of EIA, and it explains and discusses the related concept of EIA and compares the concept of EIA respectively as narrow and broad. It will put forward creatively two pairs of new concepts-- prejudge EIA and realistic EIA, mandatory EIA and guiding(non-mandatory) EIA and discuss their differences. It holds the idea that the ultimate goal of EIA is to protect people's environmental rights and elaborates the values of sustainable development, environmental justice and security.Partâ…¢analyzes the defects of China's existing EIA system. It discusses the causes, performance and the result of specific implementation process of EIA. The scope of China' EIA is too narrow and limits the space in which EIA can play a greater role. The object of China's EIA, having no alternatives to the proposed action, is single. The functions, improving the environmental benefits and encouraging enterprises to innovate and reduce environmental risk, is detracted. In the implementation process of China's EIA public participation is not sufficient, and the right of public participation is not clear, and there are no smooth channels of publicity and expression of environmental information and public opinion, and the right of public participation is not effectively protected by law.Partâ…£discusses the improvement measures of China's EIA. It proposes improvement to the existing EIA system. The scope of the assessment should be expanded to enable policies, laws, regulations and other strategic government decision-making should be assessed and the influence and control efforts of EIA should be extended. Alternative programs should be increased to enable the Government decision-making from a single target to the multi-objective development so as to realize scientific decision-making with smallest costs and side-effects. To improve public participation, specifically making the rights of public participation and its specific content clear and set up channels of information open to the public and protect the rights of public participation. This part also demonstrates the necessity and possibility of realistic EIA and guiding EIA. The realistic EIA guiding EIA and other mechanisms should be set up in order to minimize the harm caused by everyday life to the environment and fully protect people's environmental rights and interests.Partâ…¤is the conclusion. The main opinion of the article is summed up and summarized in this part, and furthermore, it emphasizes and clarifies the new insights in this paper and the significance towards the study on EIA.