Environmental Impact Assessment Of The Legal System

With the development of the economy and materials enriching, human being ask for better environment and give it more intension. Especially when we are in 21st century, environment problems already became the key factor to human existing and developing. The concept of environmental management has changed greatly. Under the new terrain, our country has also brought forward that we need build the harmonious society which features on amicable type of environment. In the field of environment protection, "prevention is the top priority" principle becomes the irrefutable truth for resolving the environment problem. For controlling the pollution from headstream, creating a fine living space for human being, and achieving sustainable development, we must carry out " prevention" in economic life and social development overall. The environmental impact assessment (EIA) system is regarded as a effective way to resolving the environment .To assess the impact of policy, program and project make the EIA motive power of sustainable development.Our country has built environmental impact assessment system comparatively early, and has begun to be put "PRC environmental impact assessment system law" into effect on 2003. Judge by the 2nd regulation of this law, the EIA is a way or a regulation of gabardine. It contains that we need analyze, forecast and assess the impact when the program and project carried out; also we should put up methods to prevent the harmful impact. The EIA becomes the major scientific basis the of environment administration decision-making for its forecasts nature and the content comprehensiveness. It's close to 5 years from the law publishing. It is effective in practice indeed. Whether the common people or the decision-maker, they all can consider the impact to the environment before action. People's environment-protect concept don't linger on the anger when the pollution disappear any longer. They put their eyes on the investigating, assessment and prevention before the project carrying out. In practice, the EIA has prevented some illegal projects. For example, in January, 2005, more than 30 was suspended and given an administrative penalty. Also they have been required rectify and reform by the prescribed time. In the past few years, "Environmental protection storm" has got plentiful and substantial achievement indeed.But, while we congratulate the "substantial result", as the same time, we still need to face the austere environment circumstances fact. In 2006, 161 pollution accidents happened, average every two day. Environment complaint already amounts to 600,000 , is 30% more compared with 2005; Energy consumption brought forward by State Council in beginning of the year reduces 4% , pollution discharges reducing 2% the target didn't come true. Environment problem already becomes the main bottleneck which restricts Chinese economic and social development. Why? Under new environmental protection actual circumstances, the bad points of original environmental impact assessment system appear gradually: Valuation estimating that range is narrow, are only a point source; the cost for violation is low; "Help handle system" is so bad; be short of inspection system and so on. A series of problem there existing make the EIA is very unlike with the original intention.To resolve the problems in the practice, we must start with the crux foundation. The main body of this article combines the new policy, find its defects, and try to put up some suggestions in facets of expanding the range, building the inspection system. All this suggestions maybe make the environment better. So we can resolve the problem and make the economic, environment and society develop coordinately.