Research On Law-based Governance Of EIA Institutions

With the rapid development of Chinese economy,the living standards of Chinese residents have been improved.And Chinese public environmental awareness has been continuously strengthened.The extensive model of economic development has been unable to meet Chinese increasing ecological protection requirements.As the most important part of the environmental protection legal system,the environmental impact assessment(EIA)system has been practiced in China for 30 years.Regrettably,due to Chinese absolute priority in economic development and relatively backward environmental protection consciousness since Chinese reform and opening up,Chinese EIA system has a strong executive-led color.EIA is only a necessary administrative formality for the project,and has not received enough attention.In addition,the EIA agency has always been attached to the government administrative departments and administrative institutions within the system,and it is difficult to play a supervisory role on their clients and government departments.The EIA agency also fail to play its role as the last line of defense to protect the environment.In view of the issue,the State Council and the environmental protection administrative department of China have stepped up their governance of the environmental impact assessment agencies,enacted a number of environmental impact assessment regulations.And made a major reform of the environmental impact assessment system in 2019,which cancelled the qualification review to reform and improve the governance system for environmental impact assessment agencies.The article analyzes how the government should design an internal and external coordination method based on the current environmental assessment reform background and the requirements of the government's governance in accordance with the law to improve administrative efficiency.The government could urge the EIA agency to improve its ability to legally engage in the EIA business by strengthen the governmental legal supervision of the EIA agency externally.At the same time,the government should also be transformed into a service provider to help the EIA agency to conduct internal governance and make the EIA agency better adapt to the EIA market.Therefore,under the new EIA laws and regulations system,the Chinese government will complete the transformation of a service-oriented government,establish a legal governance system for EIA agencies,optimize the EIA market,and finally make the EIA legal system to play its true function.