The Research Of The Safeguard Of The Function Of Policy-EIA Institution In China

Policy is an agency's action,within a certain period,in response to a problem of public affairs,with the selection of values.Its form includes law and planning,with the "centralized powers effect".As an important means of national governance,it is flexible and can change with time,emphasizing on the pursuit of effectiveness of the action.The difference between policies and projects,determines the fundamental difference between Policy-EA and project-EIA.Policy-EA points directly to that how the government should act and how to consider the environmental values in action.The aim of Policy-EA system is to make people consider the impact on the environment caused by production activities,to prevent the negative impact on the environment,and the sub-objectives are to enhance accountability and social learning.Through accountability mechanisms,communication mechanisms(function safeguard),not only "environmental assessment",but also "environmental value judgment" are done(function),the impact on the environment are taken into decision-making,countermeasures are determined,meanwhile,the shift of decisions paradigm is implemented andthe structure of government is transformed.Accountability mechanisms and consensus mechanisms are both mutually promoted,since accountability mechanisms can promote social learning,and once environmental awareness as well as communication skills improved,in turn,it will facilitate the implementation of accountability mechanisms,forming a virtuous circle of always moving forward.Environmental Law is "flexible",because of the uncertainty of scientific knowledge related to substantial environmental law.The sanctions function of Environmental law is relegated to second place,compared to the function to promote consensus in the community on the uncertainty of scientific knowledge,and the function to guide people to action systematically in an uncertain world.The "rigid" environmental law procedural rules delineate the minimum boundaries for people to talk,to communicate,as well as the transparency of agency's actions,but are also procedural safeguards to achieve the substantive objectives of environmental law.The "firmness and flexibility" of Policy-EA will cause the entire environmental management into an organic system which is dynamic equilibrium,flexible and rigid compatible.This thesis appliesthe empirical research approach,takesthe development of the petrochemical industry policy for example to illustrate the problems of the current government decision-making process and the need for the transformation of the government decision-making process.Italso uses the comparison method by comparing with other concepts such as strategic policy,planning and project,to highlight policies are directly related to government action and it is possibleto leverage the government decision-making reform.Environmental law has been regarded as a fulcrum promoting governance paradigm shift.The administrative decision model relates to the legitimacy of the decision-making basis.The shift,in essence,is a kind of reform.Policy-EA is leveraging administrative decision-making mode from the perspective of the environmental impact.Pragmatism emphasizes on the communication and the unification of usefulness and justification in a certain action "situation".The pursuit of usefulness spawns evaluation system for the supervision,motivation,and even accountability of agency's action,thus the new accountability system being created.Binding action "situation" and "assessment",policy evaluation system is a natural preference.This thesisfollows thatthe EIA system adopts pragmatism as philosophical basis.We should also respect this philosophy when choosing the relevant obligations and accountability model of the law of the EIA system.The EIA system favors countermeasures determining function,rather than the threshold function,so the traditional responsibilities ways will be weaken,while social learning,which focuses on the determination of the target,method and position in the decision-making process,will be strengthened.