Research On The Application Of The Law About "Building Before Approval" In Construction Project

Since the promulgation of the "Environmental Impact Assessment Law of the People's Republic of China",there has been controversy over the application of law to the illegal act of "building before approval",different departments have different opinions.Although the Ministry of Environmental Protection,the Legal Office of the State Council and the Law and Industry Committee of the National People's Congress have made relevant interpretation of the application of law many times,each interpretation is different or even mutual.Contradictions,which make the local environmental protection departments are at a loss,leading to the " building before approval " problem becoming more and more serious.These accumulated problems badly affecting the authority of environmental protection law and daily environmental management.This paper introduces the concept and development process of environmental impact assessment(EIA),reclarifies the concept of "building before approval",explains the seriousness of the problem by introducing the situation in China,analyzes the legal application of the illegal act step by step,then Propose solutions.The paper is divided into six parts:Introduction——from the implementation status of the EIA system and the problems it faces,combined with the practice work,it raises the confusion of the "building before approval " illegal behavior in the actual law application and implementation process.The first chapter——begins with the basic concepts,first introduces the concept of EIA and its development in China,then from the perspective of legal definition,expounds the two concepts of "construction projects" and " building before approval".The second chapter——enumerates several cases in reality from different point of view,expounds the current situation of the "building before approval" problem and explains the seriousness.finally,analyzes the reasons for the problems from the perspective of legal system design,and leads to the content of this paper.The third chapter——firstly,clear the scope of law application and the situation discussed in this paper;secondly,through the analysis of different views on the application of law to the " building before approval ",draw my own views;finally,analyzes the law application limitation of "building before approval",further the application of the law of this illegal act,solve the confusion of the application of the law in practice.The fourth chapter——In view of the above problems and legal defects,put forward the concept of "building before approval" EIA,describes the contents and procedures of the system design,in order to solve the problems that the current EIA legal system can not solve and make up for the loopholes in the EIA legal system.Conclusion---Reviewing the full text,this paper puts forward and analyzes the legal application of illegal acts of "building before approval" under the current EIA legal system in China,and puts forward corresponding countermeasures to promote the development and improvement of China's EIA legal system.