Research Of Environmental Impact Assessment System

The system of environmental impact assessment(referred to as EIS) is regulations that analyze, predict and evaluate the environmental impacts which are produced by the development of the policy, plans and projects. In order to put forward the measures to prevent or reduce adverse environmental impacts, It reflects the principle about the combination of the prevention first, prevention and comprehensive management and can help to achieve the unification of the economic benefit, social benefit and environmental benefit. Public participation of the system is that Public can through the legal way to collect and adopt the reviews as a decision-making reference during the examination and approval of EIS. It will put the power of Communities together so that public can try best to avoid and reduce the adverse environmental impacts which produced by human beings to promote the environmental justice and protect the environment. It can be said that the emergence of the system promote the process of public participation in environmental decision-making.Public participation in EIS is not a new topic, but it is hot. Currently, with the rapid development of economy, China needs more natural resource and the environmental pollution is more severe. The Environmental group events happened frequently create huge economic loss and threat the social stability seriously. Tracing back the reasons, for the most part, the reasons are not the project itself, but information not opened, lacking of public participation and EIA decision-opaque, which results the public do not understand trust and recognize the project. This also leads to the conflicts with the growing public awareness of environmental protection, increasing public environmental events, and environmental pressures. As a kind of effective method to solve the environmental pollution and ecological destruction, it is not only practical problems but also a theoretical problem to explore the EIS, especially the system of public participation.The purpose of this study is to understand the problems of public participation in EIS and puts forward suggestions and improving measures. As "Shanghai Environmental Protection Ordinance" is revised, which lack of public participation in the EIA. In order to make the document more scientific and reasonable, I try to put forward some suggestions. The article includes five parts:First part starts with public participation in the EIA of construction project. In the presentation EIA and theories of public participation, I analyze the connection between system of EIS and public participation, from the perspective of the system concept and the system value,to provide the theory basis for the next context.Second part reviews the present situation of the basic system of public participation in EIA legislation from both the current situation and the current legislation.About the implementation of the system in foreign countries,from the case of All Aboard Florida Orlando-Miami Passenger Rail Project, I analyze the present situation of EIS in the United States from the aspects of EIS information disclosure, Participators, Participation,stage and the scope of participation and public participation in the judicial relief. About the implementation of the system in China, from the EIS case of 2014 Chongming Island shipped cross Henan Yinhe eastern(Xiaoyanggang- Beichen Road) River Dredging, I also analyze the present situation of public participation in EIA from the aspects of EIS information disclosure, Participators,Participation,stage and the scope of participation and public participation in the judicial relief.Through analyzing the implementation status of public participation in EIA at home and abroad, we can not only get a comprehensive understanding of the characteristics of EIA in legislation and implementation, but also provide ideas and directions for analyzing the problems of public participation in EIA in China.Third part analyzes and summarizes the implementation effect and the insufficiency of public participation in China. After decades of development, the results of public participation in EIS in our country’s are obvious: Sounding environmental information disclosure system, promoting the project benefit and protecting of ecological environment, etc. The problems are also evident :EIS information disclosure mechanism is not sound; Environmental organizations involved in the dominant position is unknown;Public participation is in the single mode; the time lag and the range of Public participation in EIS is narrow; Lack of public participation in judicial relief, etc.Fourth part puts forward the effectiveness measures of public participation in EIS. According to the above summary of problem, I put forward the following countermeasures: expanding the role of environmental organizations to participate; sounding environmental information disclosure system; specification EIA hearings; early intervention and full participation, etcFifth part is about modification of “Shanghai Environmental Protection Ordinance ”. On the one hand, from the legislation present situation of public participation in EIS above we can know, this document, as a comprehensive environmental protection law, has no relevant provisions about public participation in EIS. With the modification of document, in order to fill the gap, some Suggestions are put forward. On the other hand,just try to rise some measures of legal norms.From the perspective of two, I suggest some relevant provisions of document: clearly defined terms of environmental rights of citizens, determine the terms of the basic principles of public participation, determine the terms of the dominant position of environmental organizations, specification EIA hearingsetc.The meaning of improving the quality and effect of public participation in EIS is significant. Because of the ability of author and the limited materials, this study also has many shortcomings, which is needed more research. I only hope that this article will contribute to the development of the system.