Study On The Legal Liability Of Environment Impact Assessment System

It is developed country's important experience to make Environment Impact Assessment (EIA) a system through legislation, which has brought great recognition to our country. However, compared with the developed countries, legal liability in our country's environment impact assessment system is a very weak portion. The perfection of legal liability is crucial to the effective execution of law. So, it has very important practical meaning to establish and perfect our country's legal liability system of EIA by using developed country's successful experience for reference. The study methods in this paper include: On one hand, theoretical analysis is connected with practical study. In the process of analysis and study, this paper uses the comparison method to analyze the difference in legislation theory and specific operation system between our country and developed countries. On the other hand, this paper uses the theory and method of sociology, management, economics and law, and it spreads the study from many views. The whole structure of this paper follows as: Chapter one is the summarization of environment impact assessment system. First, this paper introduces the concept of environment impact assessment and environment impact assessment system, and analyzes the differences of the two concepts. Second, it introduces the historical development of EIA system in our country and developed countries. Chapter two is the theoretical basis of EIA legal liability. At first, this chapter introduces the various theories about the concept of legal liability, and commends and analyzes these theories. On this basis, it abstracts the concept of environment legal liability again. Environment legal liability means a adverse legal sequent which you should bear if you violate the environment obligation. At last, it analyzes the characteristics of environment legal liability. Chapter three is the present legislation status of EIA's legal liability in our country. Combined with the theory, this chapter analyzes in detail the present legislation status of EIA's legal liability in our country from three aspects: liability main body, liability form and liability mode, which lays a foundation for the following chapters. Chapter four is the disadvantages and deficiencies of environment impact assessment legal liability system in our country. This chapter analyzes in detail the deficiencies of EIA's administrative examining and approving system, EIA's institution administration system, and public participation system. The discussion of this chapter provides the actual basis for the perfection of the environment impact assessment legal liability system in our country. Chapter five is the perfection of the environment impact assessment legal liability system in our country. Aimed at the disadvantages and deficiencies in chapter four, this chapter discussed how to perfect the environment impact assessment legal liability system in our country from three aspects: perfecting the EIA's intendance system, establishing the civil damage compensation system, and perfecting the justice safeguard system. Based on the successful experiences of developed countries, it brings forward the detailed suggestions, such as establishing the independent EIA's examining and approving institution, civil damage compensation system and damage filling safeguard system, and the environment commonweal lawsuit system.