Research On China’s Environmental Impact Assessment System

"Promoting green Development and Building a Beautiful China",the report of the Party’s 20 th Congress points out that respecting,adapting to and protecting the natural environment is the internal demand of comprehensively building a great modern socialist country.As China’s economy and society have entered the new normal development trend,the concept of ecological civilization is taken as the guiding ideology to solve the problems of China’s environment and development.China’s environmental impact assessment system,as a legal system to prevent environmental pollution and protect ecological balance,has been playing an important role in promoting the construction of ecological civilization.In order to meet the higher requirements of the construction of ecological civilization in the new era and promote the continuous improvement of our environmental impact assessment system,this paper analyzes real cases in the practice of EIA and summarizes the existing problems in the EIA system based on the current laws and regulations of EIA.In order to solve outstanding problems,by referring to the legislative experience of foreign environmental impact assessment system and combining with the basic national conditions of our environmental governance,this paper puts forward legislative suggestions to improve our environmental impact assessment system.Therefore,through the systematic study of environmental impact assessment system,this paper focuses on the following parts.The first part,an overview of the environmental impact assessment system.The specific contents include: the first section discusses the concept of environmental impact assessment system,and then analyzes its basic characteristics and positive significance.The second section mainly discusses the establishment and development of environmental impact assessment system in detail,and emphatically sorts out the normative documents of laws and regulations related to environmental impact assessment system from its introduction to normative development stage.The second part,development of environmental impact assessment system.The specific contents include: section one evaluates and analyzes typical cases such as environmental mass incidents in EIA practice,"construction before approval","formal EIA" and EIA document falsification,and analyzes the causes to find out the root causes of the problems.The second section summarizes the problems existing in our environmental impact assessment system,which are summarized as follows: first,the scope of assessment is too narrow,second,the legal responsibility needs to be improved,third,the lack of alternative plans,and fourth,the lack of a sound environmental impact assessment supervision system.The third part,foreign environmental impact assessment system and reference.The specific content includes: through the study of the environmental impact assessment system of the United States,Canada and Russia,the author analyzes the legislative purpose,the scope of the assessment object,the content and procedure,and the supervision mechanism of public participation.Among them,the advanced legislative experience such as the broad scope of the assessment object,the scientific nature of alternative programs,and the democracy of public participation in supervision is worth learning.The fourth part,to improve the legislation of environmental impact assessment system.The specific contents include: the first section suggests expanding the scope of evaluation and giving full play to the important role of EIA system in macro decision-making.The second section suggests to clarify the subject of responsibility,mainly from the criminal responsibility,administrative responsibility,civil responsibility to discuss the perfection of legal responsibility.The third section based on the importance of alternative schemes in other countries’ EIA systems and the current legislation of China’s EIA system,suggests introducing alternative schemes into EIA documents.The fourth section puts forward relevant legislative suggestions to improve the supervision system of EIA system by strengthening the approval system of EIA and perfecting the supervision mechanism of public participation.