Research On The Legal System Of Environmental Impact Assessment

Environmental impact assessment is an important system design in the field of environmental law,the concrete implementation and its effective implementation has played an important role for the environmental protection.The legal system of environmental impact assessment on environmental impact assessment methods,procedures,approval and responsibility of scientific,embodied and legal system,the effective exercise of and research in international environmental law has been basically formed a consensus.In early 70s,the environmental impact assessment trial began in the field of China's environmental management,environmental management system in China is one of the earliest implementation,so far from the earliest establishment of this system has a history of 30 years.In our country,environmental impact Evaluation is an environmental impact of the development and construction activities of the preventive measures for China's environmental protection work has played an important role and contribution,is an important part of China's envirornmental protection legal systemThe national environmental policy act on environmental impact assessment of the legal system of the earliest dating back to the United States in 1969(<National Environment Policy Act>referred to as NEPA).Its establishment,caused the traditional decision-making mechanism reform,also caused widespread concern all over the world.At the same time,it has also become the environmental protection work by post treatment to the sign in advance the prevention,to make environmental protection measures have been changed fundamentally,greatly promote the development of environmental protection.The environment influence evaluation system is human wealth,its significance is mainly.Advance through legislative means to predict and regulate,reduce and eliminate as much as possible for the upcoming construction and planning of environmental damage and destruction.The United States is the birthplace of the environmental impact assessment system,the country of its legislation has been at the forefront of the world.However,compared to our country the system started late in China in establishing the system of environmental impact assessment and in the implementation process still exposed many missing,a serious impediment to China's development and implementation of environmental impact assessment system,which led to the topic of this paper on environmental impact assessment of the legal system to explore and research.This article from the environmental impact assessment of the legal system of the relevant concepts and theoretical basis,through the analysis of China's environmental impact assessment system and the status of implementation of regulations,combined with the advanced experience and enlightenment and lessons from abroad,find our country exists in the process of implementation problems,and points out the reasons of these problems,in order to better to promote the progress and development of China's environmental impact assessment system.This paper is divided into five parts,as follows:The first part is an overview of environmental impact assessment of the legal system.The first section mainly from the concept of environmental impact assessment with the comparison of the legal system of environmental impact assessment and the "three simultaneous" system,and analyzes the influence of section second environmental characteristics and the nature of assessment of the legal system;the third section mainly from the sustainable development theory,system theory and decision theory three aspects of the theory focuses on the environmental impact assessment of the legal system of the theoretical basis;the fourth section mainly from different aspects about the importance of the implementation of environmental impact assessment of the legal system.The second part carries on the brief introduction to the status quo of environmental impact assessment of the legal system.The first section is the status quo of environmental impact assessment of the legal system of the foreign countries,the first is the legislation and practice of foreign environmental impact assessment system,mainly introduced in the United States,South Korea and Germany,the system of environmental impact evaluation,focusing on leading the world development direction of the environmental impact assessment system;second is to learn the advanced experience of foreign environmental impact assessment system.The second section is about the current situation assessment of the legal system of China's enviromnental impact,including legislation and practice at present.The third part focuses on the problems and reasons of China's environmental impact assessment of the legal system.The first part points out several problems existing in China's environmental impact assessment of the legal system,the legal system is not perfect;the limitations of evaluation scope and content;social supervision and public participation and lack of credibility is not high;the EIA mechanism;legal responsibility accountability mechanism is not perfect.The second section according to China's environmental impact assessment of the legal system of several major problems existing in the corresponding to find out the causes of the problems,namely the lack of legislation and legislative experience level;the legal consciousness of citizens is relatively low;departments and local interests expansion;government supervision and evaluation Research lags behind practiceThe fourth part is the core part,and also discusses the research purpose:China's environmental impact assessment of the legal system improvement suggestions.First,further improve the legal system.Not only from the concept of strict attention to the protection of the environment,but also with the relevant laws and regulations and suggestions for perfecting the legal system of environmental impact assessment on second.And enlarge the application object and scope.Mainly the expansion of the scope of strategic EIA.Third,enrich and improve the public participation mechanism.The mechanism into the whole process of environmental impact assessment,in order to make the EIA can play the greatest function.Fourth,the establishment of the EIA agencies neutral position in the market.When the economy When the interests and environmental interests conflict,the EIA system to ensure its stability.Fifth,improve the relevant legal liability and remedial measuresThe fifth part is the conclusion.In order to make a comprehensive evaluation on the environmental impact assessment of the legal system,with a view to the future environmental impact assessment system to find a rapid development of the economic development of the backing,also can protect the environment,realize the coordinated development of economy,environment and society.