Research On Judicial Review Of Environmental Impact Assessment In Administrative Litigation

The introduction of ecological civilization has established a higher development goal for the EIA system.As a procedural administrative act,EIA approval plays an irreplaceable role in the field of environmental administration,and the EIA litigation that is accompanied by this has gradually emerged.In the course of exploration,judicial practice forced the continuous improvement of judicial review of environmental assessment.Then,in the context of the current reform path of “simple administration,decentralization,and integration” and the decentralization of the EIA approval authority,the new Administrative Procedure Law and the Environmental Impact Assessment Law,and the Environmental Impact Assessment Public Participation The introduction of the Measures provides a new opportunity for the development of the judicial review of the EIA.However,how to accurately apply the new law in judicial review,trial,and refereeing,whether there is still a new dilemma in practice,and whether there is still room for theoretical continuation,the above issues need to be further investigated and studied.Based on the clear development status of the EIA system and the value orientation of the EIA judicial review,this paper selects three representative cases from the judicial practice review of the cases,which is reflected in the main disputes arising from the judicial review of the EIA.Focus,and use this as a breakthrough,propose and analyze the narrow scope of judicial review caused by risk uncertainty and professionalism in the field of environmental assessment,the single requirements of plaintiff qualification,the inconsistency of review standards,and insufficient protection of public participation rights.Committed to promoting the judicial review of construction project EIA,planning EIA and policy EIA from the aspects of basic principles,review subject qualifications,review standards,review and processing modes,etc.,and prospectively link the effective link between EIA and EIA judicial review,in clear EIA On the basis of the judicial review boundary,we will better promote the formation of the environmental administrative and environmental justice linkage model,break through the dilemma of the operation of the EIA system,and effectively solve the problems and obstacles in the EIA judicial review in administrative litigation.