Legal Supervision Of China's Environmental Impact Assessment Study

The article researches the EIA as the subject. It studies the legal supervision of EIA, that is, in the process of EIA, the legal supervision to the links of it. It aims at the analysis of the elements in the administrative legal supervision of EIA, relates the public participation of it, analyzing completely to its judicial relief of the EIA's legal supervision, to find the real supervision flaws in the process of EIA, and perfect it for expectation. From the compare and analysis to America's EIA, and summarize our country's legislation and practice, integrating the legal theory of supervision, to sum up and analyze the legal supervision of EIA, at last to find the flaws of its and perfect it for expectation.The article relates from five parts to the points above.The first part, the systematic summarize and introduce of the basic theory of EIA's legal supervision. To the theory of legal supervision, our country's jurists have their own opinions, some are similar, some are far from each other. So in this part, the writer tries to sum up the legal theory of supervision on the scholar's research basis. For one thing, to offer the systematic theory support to this research, for another, to offer the effective academy's successes to the people who also study the legal supervision. On this basis, the writer put forwards her own points on the legal supervision's characteristic.The second part is the analysis to the present situation and defects of EIA's legal supervision in our country. Analyze differently from the administrative supervision, social supervision to public supervision of the national legal supervision. And the writer thinks the judicial relief is the important guarantee of our country's legal supervision of EIA. Therefore, the writer also analyze the problem of judicial relief of it.The third part is the comparative analysis of EIA's legal supervision. Due to the limited space and writer's limited ability, the part only doing some comparative analysis to the EIS and EIA's public participation between our country and USA, analyzing the two country's way of judicial relief to administrative supervision and public supervision, to find the place where we can use for reference in the USA's EIA and draw lessons from the flaws of it.The fourth part wants to find out the basis of the theory about improving the legal supervision of the EIA. The main problem of the legal supervision of EIA was lie on the administration supervision,public supervision and judicial relief, so this part will find out the reasonable theory of the Environmental Impact Assessment of China. We can use the Montesquieu theory and the Olson's Public Theory to explain the reason of perfecting the administration of EIA. We can use the Schmidt's Constitutional Doctrine and the Rawls' Theory of Justice to explain the reason the perfecting the public supervision of EIA. Then, we can use some theory for expectation in the Environmental law to explain the reason of perfecting judicial relief of the EIA.The fifth part will talk about how to improve the legal supervision of the EIA on the basis of the fourth part's analysis and the third part which compared our countries' legal supervision of EIA to the USA.The main thesis of the article is to perfect our country's legal supervision of EIA from the three aspects of administrative supervision, public supervision and judicial relief. Not only should perfect the supervision of links in EIA which cannot supervise effectively, but also should perfect the supervision of the supervisor in the EIA, for example, the legal supervision to the approving authority of construction project's EIA, the group of investigation in the planning environmental impact assessment and its stuffs.