Research On Legal Issues In The Governance Of Environmental Impact Assessment Institutions

The environmental impact assessment(EIA)system has implemented about 40 years in China,as the only qualified to provide technical services for the construction project the environmental impact assessment agencies played an irreplaceable role.The red intermediary EIA agency has been basically solved with their restructuring,but the there are still many problems should be solved in EIA industry.this paper uses governance theory,analyzes the reason of the dilemma of EIA agency governance,and then gives the path to perfect the EIA agency governance.This paper consists of four chapters:The first chapter is about the development and problems of environmental EIA agency in china.This paper introduces the general situation of EIA agency development,and points out that EIA industry still has many problems in qualification management,relationship with government departments,documentation preparation process and internal management.The second chapter is the theoretical basis of EIA agency governance.This paper introduces the theory of governance,the theory of conflict of interests and balance of interests,and checks and balances of power.And makes a concrete analysis of its application in the EIA agency governance.The third chapter,the plight of EIA agency governance.This chapter analysis mainly from the following four aspects.Under authority type governance,government supervision capability is limited,in middle government level self-discipline is absent,the organization form of EIA agency is not benefit to the realization of the goal of micro governance,legal regulations on EIA agency's joint responsibility is not perfect.Due to the lack of a reasonable system design,as an important part of the governance,the public's participation is not in place.The fourth chapter is about the improvement path of EIA agency governance.In the governance of EIA agency,polycentric governance model should be established.First of all,we should improve the administrative supervision on EIA agency.Secondly,by endowing the complete functions for industry self-regulation,and strengthening their own construction,and truly realize the autonomy of the industry.Thirdly,realize the micro governance through the reform of the partnership and the perfect of the joint and several liability system.Finally,through the improvement of the system of public participation,to realize the supervision of the public to other subjects.