Environmental Impact Assessment System Of Judicialreview Research In China

The sustainable development of environment and resources has become the main pursuit of today society,to solve the contradiction between the environmental resources and social development has become the current social affairs. It is well known that the key to solve this contradiction is:to do the analysis,prediction and assessment before any social behavior which may cause any possible impacts to the environment,and puts forward some countermeasures to prevent or mitigate adverse environmental impact, which has given rise to environmental impact assessment system. With the development of our country economy and the deepening of reform and opening up, the focus of people from the initial economic construction, now begin to pay close attention to the construction of ecological civilization. Thus the social from all walks of life more and more attention to the implementation of the environmental impact assessment system, pay attention to whether the system of environmental impact assessment can really play the role of risk prevention. So. having eia approval of the administrative organ can forbid the regulation valves in environmental impact assessment work is particularly important. In real life, however, the environmental impact assessment system defects appear frequently, the abuse of administrative authority, eventually leading to environmental impact assessment system to give play to the role of the presupposition, illegal eia, causing severe environmental problems, and even cause property damage, endangering citizens' personal safety.Our country's environmental impact assessment systems started relatedly late when compared to other countries,thus some were missing in the theory and practice operation. For example:environmental impact assessment and approval system design is not so perfect, administrative examination and approval of environmental impact assessment work is still in the stage of internal administrative system of self-discipline, lack of effective monitoring mechanisms; Environmental impact assessment becomes a mere formality; construction project is not approved before construction; public participation system operability poor; lack of public participation when the right way to remedy damage; the legal consequences of violations of environmental impact assessment system is too light and so on, The author believes that the biggest reason leading to these problems is haven't introduce judicial review of the environmental impact assessment system. As we all know, the United States is a country attached great importance to judicial review, and its environmental impact assessment can be successful mostly thanks to its complete system of judicial review, and caused a huge influence in the world, Germany, South Korea has developed environmental impact assessment are justice review mechanism, Chinese Hong Kong and Chinese Taiwan also according to their environmental impact assessment makes provision for judicial review, and has achieved significant results. In China in this field is still blank, the judiciary failed to play any role in the environmental impact assessment work, it is important drawbacks of the system design, it is also therefore leads to environmental impact assessment approval is entirely internal oversight under, arbitrary exercise of administrative power, so that the advantages of environmental impact assessment system can not effectively play, which led to investigate the environmental impact assessment study paper on the subject of judicial review system. China should establish as soon as possible the environmental impact assessment system of judicial review on the agenda, pay attention to the role of the judiciary, the executive authority of the judicial power for effective supervision, will combine justice and law enforcement, security mpaired rights of public participation in the environmental impact assessment to ensure that the environmental impact assessment of the legality of the decision of administrative examination and approval, science, protection of the environment from destruction.When the environmental impact assessment refers to judicial review of administrative examination and approval of administrative departments when the environment in violation of the law, has been or is about to cause significant damage to the environment or public interest, subject eligibility is entitled to bring an administrative lawsuit to the court of law by the court the judicial review of administrative action. From the theoretical study of environmental impact assessment of our departure, a detailed analysis of the current development situation of environmental impact assessment system in our country, there is a problem, compared to foreign environmental impact assessment system design, and learn from the successful experience of foreign countries and Chinese Hong Kong and Chinese Taiwan on the basis of the proposed solutions, namely the establishment of judicial review of environmental impact assessment system, the use of judicial means to guarantee the effective implementation of environmental impact assessment system, and to establish the necessity and feasibility of the system was specifically addressed, proposed specific programs.In order to establish judicial review of environmental impact assessment system in our country must first clear four principles:First, the principle of exhaustion of remedies After the interested party must exhaust remedies before the court a request for a judicial review of the Environmental Impact Assessment; The second is the principle of balance of interests, the interests of the judiciary in the review and the socio-economic benefits of ecological civilization should be a balanced measure. Third, a comprehensive review of the principles. Simple entity review still can not guarantee that no abuse of administrative power, substantive examination and review procedures combine to effectively prevent the executive discretion unlimited expansion. Fourth, the prohibition of abuse of rights principle. It requires not only the rights of interested parties caution litigation, to avoid abuse, but also requires the judiciary to the rights of caution, to avoid excessive interference by the executive authority of judicial power. The four principles should serve as the basic principles of judicial review of environmental impact assessment system, always through judicial review.System design for environmental impact assessment of judicial review, is to adhere to the four principles on the basis of the above, according to China's specific national conditions, judicial review of the environmental impact assessment of specific provisions. Specifically including the following aspects:first, the existence of any system are required to have a legal basis as a prerequisite, it is necessary to carry out environmental impact assessment of judicial review clearly defined by legislation, to ensure the legitimacy of the existence of the law, the judiciary to the executive environmental impact assessment approval authorities conduct supervision according to law. Second, determine the scope of the subject application for judicial review, the existing litigation against the Suitable Accuser more limited, the legitimate rights of the interested party can not get relief. Third, in order to avoid waste and holds the executive power of the judicial power, judicial review should be pre-set program, implementing the principle of exhaustion of remedies. Fourth, we should expand the scope of case acceptance. China's current procedural law only collateral review of abstract administrative act, not to solve the environmental impact assessment approval based not legal issues. Fifthly, to review specific content should be comprehensive, not only to review the relevant procedures, the entity content should also be reviewed. Sixth, the existing environmental impact assessment system in the lack of public participation in the system operability, no relief to protect the rights, it should be perfect through legislation, clear and specific procedures for public participation, clearly stipulates the right to judicial compromised when public participation relief program.