Environmental Impact Assessment Study Of The Administrative Licensing System In China

Since the second half of2004the administrative licensing law of the People’s Republic of China (hereinafter referred to as the administrative license law),The law of the People’s Republic of environmental impact assessment (hereinafter referred to as the environmental impact assessment method ") unprecedented executive power. But in the concrete implementation process that happens in all kinds of "the eia storm" that the environment impact assessment method of effectiveness in the implementation of the not very good implementation. As of the latest "environmental protection administrative licensing hearing in the interim measures and the environmental impact assessment public participation in the interim measures" come on stage, Supervision and environmental impact assessment of administrative licensing system be effective become solve the above problem is one of the effective methods.At present our country of environment impact assessment of administrative licensing management is still in an immature stage of development. The current laws and regulations policy rules on the environmental impact assessment of administrative licensing management also lacking pertinence and operability. In fact, creates the environment impact assessment administrative licensing faulting phase of the main reason is that, At present our country environment impact assessment in administrative licensing legislation and judicial relief level existence problem, no clear regulatory terms and above terms, lack of effective accountability mechanism, practice for public participation mechanism consummation enough. In the United States and Japan, there is some link significance in the system of the practice.This paper is written content includes four parts:The first part is of environment impact assessment summary of administrative licensing system, introduced the part of the environmental impact assessment and its administrative licensing related concepts, characteristics and the theoretical basis of the system, including the balance theory, the theory of public burden. The second part of our country environment impact assessment of the administrative licensing analysis of the current situation. This part of the main body status, object through the present status, content, the analysis of the current our country environment impact assessment of administrative licensing system in the main problem.The third part is a foreign environment impact assessment administrative licensing system is introduced. The main part of the eia legislation from the environmental impact statement about the content of the environmental law implementation regulations, system, mechanism of public participation in this article introduces the United States, Japan environmental impact assessment of administrative licensing system, in order to explore overseas environment impact assessment of administrative licensing system for reference in design.The fourth part is to our country environment impact assessment of the improvement of the system of administrative licensing. In the current environment impact assessment from the administrative permission system present situation and the insufficiency of foreign related experience, to improve environmental impact assessment administrative licensing law for feasibility analysis, and introduce the environment impact assessment accountability system, the qualification administration system, improve the public participation in environmental impact assessment mechanism, so as to construct with the situation of China environmental impact assessment of the administrative licensing law system.