A Comparative Study On Chinese And Canadian Legal System Of Environmental Impact Assessment

With the constant progress of science and technology and the continuous development of economy,the pressure undertaken by human beings' survival environment is becoming bigger and bigger.In order to coordinate the relationship between environmental protection and economic development,and realize the sustainable development of human society,all countries have successively established an environmental impact assessment system,which requires to analyze,forecast and assess the impossible impacts before planning and implementing construction projects,so as to prevent large-scale environmental pollution caused by planning and project implementation from the source,and put forward the optimal plan of preventing or relieving adverse environmental impacts under the premise of giving consideration to both economic development and environmental protection.Environmental Protection Act Trial issued byChina in 1970 s stipulated environmental impact assessment in the legislation for the first time.Along with the gradual development and perfection of Chinese environmental impact assessment system,The Environment Impact Assessment Act of China,which is the first monomial legislation about environment impact assessment and which is passedin 2002,means the formal establishment of environmental impact assessment system in China,and at the same time,it also provides a solid legal basis for the implementation of environmental impact assessment in China.But compared with Canada,there are some gaps between the environmental impact assessment system of China and that of Canada,so it still needs to combine with Chinese national conditions and learn relevant advanced experience from Canada,so as to improve the environmental impact assessment in China.This thesis compares and studies the differences of the assessment scope,assessment content,assessment procedure,public participation and environmental post assessment of China and Canada in the environmental impact assessment system,sums up the places where the environmental impact assessment system in China needs to be improved,and puts forward the perfecting suggestions.This thesis is mainly divided into four parts.The first part defines relevant concepts of environmental impact assessment;The second part expounds the legislation situation of the environmental impact assessment system in both China and Canada;The third part deeply studies Canadian environmental impact assessment system,and compares it with the scope content,procedure,public participation,environmental post assessment of the environmental impact assessment and analyzes the differences of the two countries.Then it summarizes excellent experiences of Canadian environmental impact assessment system,which provides a reference for the development of Chinese environmental impact assessment system.The fourth part makes a comparative analysis of environmental impact assessment system of China and Canada,uses the practical experience in Canadian environmental impact assessment system for China,combines with Chinese situation at present stage,and puts forward constructive and feasible suggestions and solutions for the improvement of Chinese environmental impact assessment system.