Research On Legal Problems In Environmental Impact Assessment Of Construction Projects

Since twenty-first Century,with the outbreak of group environmental problems,people’s attention to environmental problems has reached unprecedented fever.The environmental impact assessment of construction projects,as the first line of defense against pollution,is almost pushed to the cusp.This paper mainly analyzes the legal problems existing in the operation process of environmental impact assessment of construction projects at present stage,and puts forward the corresponding legal countermeasures.The full text is divided into five parts.The first part is the introduction,which expounds the significance,research ideas and research methods of the article,and focuses on the analysis of the research status of the environmental impact assessment method of construction projects at home and abroad.The second part introduces the theoretical basis of the construction project environmental impact assessment method,including the concept,operation mode,main content and the theoretical basis of the environmental impact assessment of construction projects,including the theory of the risk society,the theory of environmental justice and the theory of the balance of cost and benefit.The third part is the analysis of the construction project environmental impact assessment method,mainly introduces the development process of the related laws of the environmental impact assessment of construction projects,the legal framework and the characteristics of the related laws of the environmental impact assessment of construction projects.The fourth part is the key point of the article,that is,the legal problems existing in the environmental impact assessment of construction projects.Four key contents of environmental impact assessment(environmental impact assessment organization,construction project environmental impact assessment report(table),administrative examination and approval of environmental impact assessment of construction projects,public participation in environmental impact assessment of construction projects)are taken as the main line,and a positivist analysis method is adopted.In order to further explore the legal problems behind the environmental impact assessment of construction projects,the legal system of environmental impact assessment of construction projects will be further explored,and the legal reasons for the existing problems are discussed.The legal problems of the EIA are as follows: the legal attributes of the EIA are not clear,the independence is not strong,and the accountability system is not perfect;the legal problems in the compilation of the report on the environmental assessment report on the construction project are mainly summarized as three points: the related environmental standards are insufficient and the technical standard management system is not finished.The legal problems related to the law of good and scientific are difficult to fall to the ground,and the legal problems in the examination and approval of the construction project are mainly the unreasonable design of the top level of the law,the excessive discretion in the examination and approval,and the imperfect legal supervision in the examination and approval;the legal problems in the procedure of public participation are concentrated on laws about public participation in the environmental impact assessment needing to be improved,lack of financial support for public participation and low awareness of public environmental rights.Finally,the fifth part is mainly to put forward the corresponding solutions to the four major legal issues raised in the previous article,such as the management of the standard EIA,the improvement of the law of the quality management of the report documents of the construction project,the standardization of the examination and approval of the environmental assessment of the construction projects,and the enhancement of the legal guarantee of the public participation and effectiveness.The environmental impact assessment system of the construction project is well ordered.