Study On The Legal System Of The Environment Protection Administration Of Construction Project In China

Construction, one of the supporting industries in China, gives an important influence on the economical progress. But the behaviors of construction bring on an influence to the environment inevitably. The management of the environment protection of construction project is the major portion in the whole work of protecting environment, which is the particular measure to carry out the basic state policy of environment protection, and realize the strategic principle of Sustain Developing, achieving the goal of harmony on economy, social and environment through the management such as construction plans, selecting location, EIA, building and applying facilities of prevention and cure pollution, and so on, to prevent or reduce the environmental pollution and ecocide. The legal system of environment protection administration of construction project is composed of the system of EIA and three the-same-times, running through the whole procession of construction. This legal system is taking effective action on preventing the environmental harm in building and guaranteeing the harmony development both economy and environment. China has set up the legal system of environment protection administration of construction project after the practice over twenty years. The Law of Environment Influence Assessment stipulate the following content, including exercising administration classify and examination and approval rankly in EIA of construction project, the substance in the files of EIA, the relationship between the EIA and SEA, the management on qualification for the technology service in EIA, the public participation in EIA, the procedure and effect of examining or approving the files of EIA, the later assessment and the following examination. In the article, the author analyzes the problems in the procedure of EIA, and then put forward appropriate the following three measures to resolve these questions. The settlement including making the system of public participation in EIA practicable, enhancing the position and authority of department who examine and approval the files of EIA, and importing the public welfare litigation, a legal succor, to ensure the environmental right for pubic. The system of three the-same-times is established to prevent environmental damage in the procedure of building. The system requires the facilities of preventing environmental pollution and other public nuisance should design, build, and put into production at the same time with the main body of the whole construction project. The article explains the intension of this system, analyzes the problems in performance, and the new challenges under the condition of market economy. Therefore, the author brings forward two ways to resolve the puzzled position. Guarantee bail for three the-same-times and governed by market for those enterprises having no abilities to relieve the pollution. After practice and exploring for over twenty years, we have achieved remarkable success in management of environment protection of construction project. The importance of environment protection and sustain development has been comprehended by more and more people. We believe that we can set up a more reasonable and scientific legal system of environment protection management of construction project, and achieve the sustain development of the whole society ultimately through reformation and exploration.