China’s Environmental Impact Assessment Research On Judicial Review Of

The EIA(Environment Impact Assessment)Regime is dedicated to legislateprocedures to prevent or alley the environment disasters caused by human being’sactivities, keeping the balance of the ecology for the sake of sustainable developmentin a scientific approach. Legislatively, this regime could trace back to1969when theUS’ congress agreed the National Environmental Policy Act. However, this legalregime is relatively new in China, who has endeavored to develop it during theprocess of the environmental protection in project administration managementpractices. Till now, there are several factors that cause the insufficiency of China’sEIA regime since the born of Law of the People’s Republic of China on AppraisingEnvironmental Impacts in2003. Of these, we might ascribe the terrible situation tofactors that our administrative system remains self-discipline stage which is bound tolack efficient supervision with the result of insufficient public participation andjudicial review. Thus, it is essential to implement the Judicial Review System to ourEIA regime to escalate the participation of the public in order to protect theenvironment.To draw the Judicial Review Mechanism into the procedure of EIA(EnvironmentImpact Assessment), this text is divided into two parts to discuss. For the first part, weshould expand the scope of Judicial Review and bring the Administrative Act whichrelating to EIA into the scope of accepting cases of Administrative Action. And as forits system preparation, we need to establish and perfect the Judicial Review which adapts to China’s national condition. For the second part, we should bring the projectof EIA into the scope of accepting cases of Administrative Action. Primarily, on theaspect of system, not only should we permit that China’s project of EIA can make theJudicial Review Feasible, but also those group who relating to interest can putforward Administrative Action to People’s Court if they have cases in line withrelevant suing condition. Secondly, in addition to Principle of Legal Review, court cancarry out substantive investigation if they introduce the Principle of ReasonableReview. Meanwhile, penman also advocating that court here set up the ExpertDatabase which relating to EIA so as to help judge surpass the relative professionalintellective limitation of environmental protection. And then we can construct theeffective system EIA.At the same time, this dissertation introduces some legal systems aboutenvironment protection in countries such as USA, Germany and attaches weight onthese four tendency: actualizing actively the Private Attorney General system, reportEIA ’s Judicial Review of Feasibility, procedure EIA’s public comprehensiveparticipation, EIA’s Administrative Action and the expansion of accuser’s qualification.There is no doubt that we can provide significant reference for our China’sdevelopment of EIA system by the introduction of four trends above.