Research On Judicial Review Standards Of Environmental Impact Assessment In Taiwan

The standard of judicial review of environmental impact assessment is an important part of the judicial review of environmental impact assessment,which aims to provide a specific scale for the court to review the environmental impact assessment of the administrative organ,it involves the relationship between the executive power and the judicial,but also relates to the protection of the citizen's environmental rights.China's Taiwan Region Environmental Impact Assessment Law has been nearly 17 years,has accumulated a wealth of experience in the judicial review of the EIA process.But in recent years,the three phase of theZhongke project,beautiful bay development projects and other environmental impact of the dispute,but also exposed the problems of China's environmental impact assessment judicial review.The success and failure of the judicial review standards of Taiwan environmental impact assessment are worthy of reference in the future construction of the EIA judicial review system in mainland china.On the basis of introducing and introducing the system and practice of judicial review standards of environmental impact assessment in Taiwan,Through the case study of the Taiwan environmental impact assessment standards of judicial review,and puts forward some suggestions to improve the judicial review standards.In this paper,the four part of the Taiwan area of China's environmental impact assessment standards for judicial review:The first part is the introduction of the environmental impact assessment system in Taiwan.There are three characteristics of the EIA system in Taiwan area:The two authorities shall,in accordance with their functions and powers,be responsible for deciding whether or not to issue a permit for the development of the project,and the competent environmental protection administration shall examine the environmental impact assessment of the development and make a conclusion of the examination;Multi program,development behavior must be through the EIA review and licensing procedures two levels;The two stage,if the EIA should be carried out,the first phase of the review,to determine whether to enter the second phase,if so,then proceed to the second phase of the EIA,or vice versa.The second part is about the establishment and application of the judicial review standards of environmental impact assessment in Taiwan.Firstly,the author reviews the relevant legal provisions and decisions of the judicial review standards of environmental impact assessment in Taiwan area,and draws the conclusion that the administrative court finds that the EIA is illegal or not.Then through the analysis of the three phase of the project,beautiful bay development projects and other cases,to explore how to apply the EIA judicial review standards.The third part is the analysis of the problems in the practice of judicial review standards of environmental impact assessment in Taiwan.By observing the second part of the EIA judicial review standards in the case of the specific application,it can be found that although the judicial review standards of environmental impact assessment can be applied to most complex environmental cases,there are still some defects,There are still many problems,such as the lack of comprehensive standards,excessive use of uncertain legal concepts,lack of professional knowledge of the law enforcement team,and lack of independence of the commission.The fourth part is to improve China's Taiwan environmental impact assessment standards of judicial review.According to the problems mentioned above in the application of EIA judicial review standards,from the development of long-term judicial review standards,the interpretation of the concept of uncertainty,improve the professional knowledge of the court staff,and enhance the independence of the four aspects of the Commission to improve the judicial review standards.