On Freedom Of Expression In Environmental Impact Assessment

Thought is the premise of expression,and the thought of environmental protection guides the freedom of expression in environmental impact assessment.Through the study of the freedom of expression in the environmental impact assessment,we can deepen our understanding of the idea of environmental protection,distinguish the different subjects in the environmental impact assessment,the different expression procedures and the difference of content,and distinguish their rights and obligations and the corresponding legal liability.Firstly,this paper reviews the evolution of the concept of freedom of expression and the provisions on freedom of expression in our country’s legal system.Based on the rights and obligations between subjects,the scope of freedom of expression in environmental impact assessment is precisely defined.The present situation of freedom of expression in environmental impact assessment in our country is clarified through the process of combing and object authentication.Secondly,through the overview and analysis of the first case of the EIA hearing and the representative case of Xiamen paraxylene project,the author points out the inadequacy of the freedom of expression in the current EIA in our country,and summarizes the shortcomings.Finally,the freedom of expression in environmental impact assessment in China is improved with the opportunity of standardizing the open procedure and promoting credit information sharing.Specifically,the corresponding units and institutions express their views on the corresponding project through the environmental impact assessment documents and advisory opinions,as well as the survey instruments,and thus link the relevant field experts and the public to the environmental impact assessment system of the respective project.Experts,academics and the general public express their views on the corresponding project through responses to opinions and through hearings,symposiums,hearings and other forms of direct or indirect communication.In specific cases,the project construction unit started construction without legal procedures and did not take into account the public’s environmental interests in the environmental impact assessment,unilaterally pursued economic benefits,failed to observe the precautionary principle on ihe grounds of administrative decisions,and rushed the related projects without clear analysis of the causal relationship between the project and environmental hazards.Thus,the public question the legal effect of environmental impact assessment,which damages the legal construction of environmental protection in China.Openness is the premise of expression,which leads the public to participate rationally in environmental impact assessment,and calls on everyone to express their views according to law.Through the establishment of the reply system,the public and experts are given the means to check and balance the relevant units to make up for the current situation of information inequality in environmental impact assessment.To standardize the sharing of credit information among experts and scholars,it makes the work of environmental impact assessment more scientific and reasonable.