Research On Duty Of The Administrative Organs In The Environmental Impact Assessment (EIA) System

The main contents of this paper is to study the executive functions of the environmental impact assessment system.Around with environmental impact assessment system, the focus is on China’s administrative organs.In the environmental impact assessment process should be the role and responsibilities and that is the environmental impact evaluation process, the executive’s duties. Firstly, the current environmental impact assessment system to analyze the relevant legal provisions, summarized the environmental impact assessment is a comprehensive behavior, there is continuity, participatory games, with a program of activities in environmental impact assessment of behavior, with strong administrative nature, on this basis, the same excavation summarize existing relevant legal provisions, summarized the position and responsibilities of the executive in the environmental impact assessment system, I believe that the executive plays a leading role in environmental impact assessment, EIA approval by the final decision whether or not there; at the same time the executive bears the responsibility to protect information disclosure and public participation, as well as the main administrative supervision. This leads to the third part of this article, will be the implementation of the law and then the real natural to compare the status quo that the executive duties at the time of practicing environmental impact assessment system, by Shifang molybdenum copper project specific analysis of pollution incidents, I believe that the executive presence in the EIA in the four deficiencies: the focus of the EIA system is public participation, but the executive to the public participation insufficient protection, resulting in a real public participation in the absence of blur; the executive in the construction project supervision low efficiency, environmental planning, lack of supervision, lack of punishment, coupled with the "deadline for completing" the provisions of the more weakened executive management rights, it is difficult to maintain the public interest; there is no guarantee impartial EIA process, the loss of procedural fairness; lack of for their own supervision, lack of information on the case of judicial relief, the relevant administrative authorities to curb illegal difficult to monitor in the EIA. In the fourth part of this article, the author put forward a sound combination of the third part of the environmental impact assessment system is recommended: first to give the green executive comprehensive, enforceable rights, increase penalties for environmental responsibility, and the abolition of the EIA Act "deadline for completing" regulations, making it not only the "mouth" and that "with teeth" to make environmental law enforcement more effective, but also need to establish environmental impact assessment to match the system of accountability and judicial relief system; to strengthen environmental impact assessment to improve public participation; improve the EIA hearing procedures, fair and effective legal procedures to make the EIA results can fully reflect the results of the public and the construction unit of the game, can better safeguard the interests of the environment,which also focus on strengthening the main duties of the Administrative organs.