The Research On Environmental Impact Assessment System

Environmental issues have become a threat to the whole of the fundamental problems of the development of human society, in preventing, deterring, weakened, and to eliminate human development activities caused by the deterioration of the environment of the legal system, the environmental impact assessment system in order to prevent the construction of project development environment suffered damage The purpose of a legal measures can play an important role in. Since1969, the United States was first established in the environmental impact assessment system, the National Environmental Policy Act, many national environmental impact assessment into law. Many of the United States, European Union, Japan, Germany and other developed countries and regions to establish a scientific and rational and productive environment impact assessment of the legal system.Relative to foreign environmental impact assessment of public participation, research and practice, China’s relatively late start time. Since2002, China passed the Environmental Impact Assessment Act, this makes our public participation research has made tremendous progress. However, in recent years, there does not comply with the environmental impact assessment of the project, reflect the imperfections of the law on environmental impact assessment system design still need to be studied further.This paper is divided into four parts:Part I:the environmental impact assessment and environmental impact assessment system overview. Mainly on the environmental impact assessment system and the creation and development of its content for analysis. Environmental impact assessment system means that the implementation could have a significant impact on the environment before the activities that occur in relation to the environmental impact of activities carried out investigation, analysis and evaluation, and on this basis propose evasive measures to mitigate environmental impacts and programs, through considering the various results and open to scrutiny and judgment, the decision whether to implement the activities of a series of procedures in general. Environmental impact assessment as a system, first founded in the United States in1969to develop the "National Environmental Policy Act", followed in succession by Japan, Canada and many other countries have adopted. Given the current international environmental issues has become increasingly serious environmental problems caused by the international community’s attention, due to environmental impact assessment system in the protection of the environment in an important position in many international treaties agreement provides for environmental impact assessment of the content. As an important environmental protection system, environmental impact assessment system should adhere to in order to implement the basic policies of prevention, and asked to do a good rational distribution. It has a predictable, comprehensive, professional, feasibility, and the mandatory five characteristics.Part Ⅱ:the developed countries or regions environmental impact assessment system inspection and reference. Mainly on the United States, Japan and Taiwan of China environmental impact assessment system to be introduced the main contents of which they summarize the successful experience. For U.S. EIA system, introduces its evaluation of the object, the evaluation procedure, public participation mechanisms and the specific implementation of the protection mechanism. EIA system in Japan is mainly explained its legislative status and Japanese legal system of environmental impact assessment and the main content of the legal protection of their effectiveness. Which is worth learning legal protection, including merger review system, the environment as well as administrative units involved in tracking and tracing system in protection. For Taiwan, China environmental impact assessment system, this article from the legislative situation and the main features two aspects are described. Through the developed countries or regional environmental impact assessment system analysis, a clear purpose of the system of environmental impact assessment, environmental impact assessment system to expand the content involved, the importance of public participation are taken seriously. Project evaluation in lieu of program development and diversity of choice was full attention. At the same time improve the legal protection mechanism.Part Ⅲ:Environmental Impact Assessment System of the current situation and problems. First introduced the system of environmental impact assessment and development. Secondly introduced China’s environmental impact assessment system problems. In particular, China Environmental Impact Assessment System of Evaluation narrower, lighter below normal penalty provisions no deterrent,"retroactive" system so that environmental impact assessment-existent, there is no comprehensive environmental impact assessment system of supervision issues to be Analysis.Part Ⅳ:Improving environmental impact assessment system response. Mainly includes the following four aspects. Expand the scope of the evaluation, to increase penalties, alternatives instead of retroactive system, strengthen the supervision of the environmental impact assessment. The draft plan and draft plan, draft regulations and draft policy document, the government behavior of the state laws and regulations and other activities, as well as related to the development and construction activities; increase the punishment. For some violations should increase the punishment, to achieve equal rights and responsibilities; alternatives instead of complete system. Alternative has important position, should draw lessons from the foreign related laws and regulations, clear provisions in the environmental impact assessment report. Avoid single project environmental impact assessment of a mere formality of the phenomenon and on the environment caused by the play better optimization and the preventive effect of environmental impact assessment for construction projects; strengthen the supervision of environmental impact assessment. Such as setting the environmental impact assessment of regulatory authorities, improve the environmental impact assessment of the judicial supervision mechanism, clearly defined our departments and all levels of government environmental responsibility, improve public participation and supervision system.