Study On Public Participation System Of Construction Project EIA

At present,the basic principle of environmental governance is "prevention first".The EIA system is an important legal system for ecological environmental protection under the "prevention first" mode,which is expected to regulate the adverse environmental impacts of programme and construction projects through the procedures of pre-evaluation and the formulation of preventive measures in advance.Public participation is an important part of the EIA system.With the continuous improvement of the public participation system in the construction project EIA,the NIMBY conflicts continue and the judicial relief of public participation is weak.The effectiveness risk of public participation in the construction project EIA still exists.This paper takes the public participation system of EIA for construction projects as the research object,and on the basis of defining the concepts of public,EIA and public participation in EIA,expounds the theoretical basis of public participation in EIA,and analyzes the value and function of public participation system in EIA.While sorting out the legislation of public participation and EIA information disclosure,the author describes the current situation of judicial relief of NIMBY conflict and public participation,and analyzes the problems from four aspects of public subject,evaluation object,participation stage and disclosure of EIA information from the perspective of public participation system of EIA for construction projects.In order to explore the measures to solve the problem,the author has conducted a comparative study on the public participation system of EIA for construction projects outside China.Based on China’s national conditions,some suggestions have been put forward: In order to realize the democratic and scientific decision-making of the construction project EIA,the improvement of the public participation system for the construction project EIA should be based on the guarantee of the effectiveness of public participation.In terms of the public subject,the definition of the public should be further clarified,the limitation of the scope of the public participation should be relaxed,and the representativeness and organization of the public participation should be improved.In terms of evaluation objects,the categories of construction projects with public participation in evaluation should be increased,and the factors evalued of the impact should be clarified.In terms of the participation stage,we should properly grasp the opportunity of public participation,reasonably set the time limit of public participation and strengthen the public participation in the examination and approval stage.In terms of the disclosure of EIA information,the identification of exceptions to the disclosure of government information should be further refined and the method should be easy for the public to know.It is hoped that this paper can make some useful exploration for the improvement of the public participation system of environmental impact assessment of construction projects in China..