Constructing A Judicial Review System For Environmental Impact Assessment In China

In our country,the environmental impact assessment system of judicial review,is refers to the people's court in the relevant subject' to environmental impact assessment on the environmental impact after the proceedings,the administrative department of environment evaluation and behavior of the administrative judicial review,and make specific judgments according to review system.Environmental impact assessment of the judicial review system including three parties,subject to initiate the plaintiff and the performance of the main courts and administrative organs.Citizens and organizations of environmental impact assessment of judicial review to start main body includes citizens and organizations and rights have been violated by the indirect infringement.Operation is the main courts and administrative organs.Environmental impact assessment standards of judicial review is legal and appropriate court management department of environmental administrative adjudication EIA approval behavior based on the standard,is the basic requirement of environmental administrative department exercising the power of the.The standard of judicial review of legal review of China's environmental impact includes two aspects of substantive examination standard and procedural examination standard.A substantial review standard refers to the existence of illegal,in the case of the entity,including administrative management department is beyond or breach of privilege to exercise the power.The standard of review procedure refers to the administrative act of administrative departments in violation of the statutory procedures or whether there is infringement,citizen participation rights situation.Judicial review of environmental impact assessment includes two aspects of Physical Review and procedure review content,wherein,authenticity and environmental effects of substantive examination object including the proposed project survey,prediction and evaluation of the document for evaluation of the content adequacy content.In substantive examination because the court for professional evaluation of environmental impact of the lack of knowledge in knowledge,investigation and evidence collection will face a lot of obstacles.In our country,some local governments have formulated laws and regulations concerning the implementation of the environmental impact assessment does not conform to our country's environmental impact assessment related legal requirements;in some areas there are illegal examination and approval and without the approval of construction projects and other illegal phenomenon,especially the planning environmental impact assessment in planning,not by the EIA it can be approved or not approved can be serious illegal phenomenon planning,special planning,and some have the conditions for organizing.the EIA in unfinished even did not carry out the EIA case through the planning approval:Therefore,it is necessary to environmental impact assessment into the judicial review,the supervision of administrative power,judicial power,from the fundamental solution to the phenomenon of illegal era.Construction of environmental impact assessment system of judicial review,judicial authority supervision by administrative organs in the EIA process,ensure the environment according to law by the administrative departments for examination and approval of environmental impact assessment report,to ensure that the environmental impact assessment document content is scientific and reasonable,ensure the EIA system is to prevent the destruction of the environment,at the same time,also for the breakthrough of our loop evaluation system faces many obstacles in the process of operation,high efficiency and solve the existing contradictions provides security assessment program.In the framework of the legal system of the current our country,also has the feasibility to establish the judicial review system of environmental impact assessment.In the construction of our country's environmental impact assessment system of judicial review process must adhere to certain principles,to deal with the relationship between judicial power and administrative power,prevent the excessive intervention of judicial administrative power,then according to China's legal system on the environmental impact assessment of judicial trial procedure.