A Comparative Study On Legal System Of The Environment Impact Assessment Between Chinese And American

The environmental impact assessment (EIA) was established as a law in the U.S.A firstly, this system plays a great important role on the environmental protection. More than100countries and areas have established this kind of law. The Chinese’environmental protection achievements strikingly after the EIA was established since1970s too. We have a short history in EIA definitely, and most of Chinese EIA is learning from the developed countries, so we have some problems in Chinese EIA. This thesis introduces the basic concepts and theory related to the legal system of the EIA, and compares Chinese EIA with the American, and finds the main problems of Chinese EIA and gives the advices for solving them.This thesis contains three parts:The first part:introduced several basic conceptions of the EIA, discussed the background of the establishing of the Chinese EIA, and explained why the EIA should be established by introducing the EIA’s macroscopic, controllability and its economic law property. By the way of this we laid a good foundation for the whole research. At last the author introduced the different types of the EIA by different methods, and discussed the differences and contacts between the different types of EIA.The second part:studied on the American EIA systematically, and compared with Chinese EIA from the aspects of the purpose, object, agency, program and public participation. In this part, we found the inadequate of Chinese EIA comparatively. At the same time, we found the experience for perfecting Chinese EIA from American EIA.The third part:after compared the American and Chinese EIA, the author gave some advices for perfecting the Chinese EIA, in order to make the Chinese EIA will be better.