On Judicial Improvements Of The Evaluation System Of Environment Effects In China

Judiciary is one of the most important means of environmental protection , to which the performance of judiciary is of vital importance. The assessment system of environment impact is regarded as the fundamental legal system in our country. However, the system lacks in many functions in its design. In views of it, there exist many barriers which can not be overcome in the area of subject and public access. Improvement of the function of the evaluation system is essential to the development of it and as well as realization of its function.This paper first introduces the reality of the assessment system of environment impact in legislative, executive and judicial area in China and America, and then concludes that there is a great gap between the two country, especially the weakness of the judiciary function in our country. The following analyze that the cause of the weakness of the judiciary function lies in the drawback in some aspects of the legislation and judicial system. Then we analyze that the improvement of the assessment system of environment impact is indispensable and feasible from the theory and practice aspects. At last, based on the theory of interests, we analyze the legal relation of the assessment system of environment impact and put forward the advice to improve the assessment system of environment impact.The weakness of the assessment system of environment impact is embodied in the lack of the maintenance of the public interest. The representation of the public interest includes the environmental administrative department and the public environment protection organization. The key of the environment protection through judiciary means is to establish the mechanism which is convenient for the two groups. The dissertation advises that we should establish the system of environment civil suit for public interest and the environment administrative suit in order to set up the judiciary system for the public and the environment protection public organization. The dissertation also advises that we should establish the environmental public prosecution system in which the procuratorate serving as the representation of the environment public interest prosecute the person who have or want to damage the environment public interest so as to protect the environment interest.