The Study On The China's Law System Of Environment Impact Assessment

The environmental protection have to find a way to popularize science and institutionalize legal system, while Environment Impact Assessment is the important means and measure of the environmental protection. To establish the scientific knowledge environment impact assessment system is the guarantee of improving mankind's present living situation and obtaining the well environment quality. In 1979, our country initially established the environment impact assessment of construction item in Environmental protection law ( trial practice ). Since then, in 2002 the law is evaluated in the People's Republic of China Environment Impact Assessment, which marks the gradual improvement of the environment impact assessment system which is made up of laws, special rules of law and the department regulations.Now all countries in the world are putting forth effort to building the environment impact assessment system. Although our country has made specified achievements in the construction of the environment impact assessment system, we still have many problems. This assay means to introduce approximate idea ,nature of Environment Impact Assessment, and to dissertate the legislating aim that the statue system was evaluated in our country and the original law by gist which the system is established. Further more, We will introduce the material regulations of the Environment Impact Assessment System connecting with the Law of the People's Republic of China Environment Impact Assessment. In view of the absence of the public participation during the environment impact assessment, the assay focus on discussing how to evaluate the limit of the public participation in environment impact assessment and the theoretic foundation as well as its function, analysingthe legal basis and arrangement of the public joining in environment impact assessment. Moreover the reference is drawn from the foreign environment impact evaluation and points out that the present disadvantage of environment impact assessment of China is lack of the public welfare ligitation system in environment impact assessment.Finally, corresponding to the living situation of litigation and twenty years' experience, I stressly analyze and consider the problems and defects on the sensible idea , litigation and the concrete operation of environment impact assessment evaluates on the basis of referring to the well-developed country's litigating concept and the concrete operation system. And further propose the relevant countermove in the hope of further improving our country's environment impact assessment system, better guarantee our country's continuous development strategy implementation.