Research On Procedural Issues Of Public Participation In Environmental Impact Assessment ——From The Perspective Of Judicial Review Chinese

The public participation system of environmental impact assessment is of great significance for the protection of citizens’ environmental rights and interests.However,in actual cases,citizens are often unable to fully obtain information and effectively participate in the public participation procedure of environmental impact assessment,because the provisions of relevant laws are not very clear,which will also lead to many citizens having the qualification of plaintiff in environmental impact assessment cases and being unable to file a lawsuit to protect their legitimate rights and interests.The effective protection of citizens’ environmental rights and interests requires the strict examination and approval of administrative organs,but in practice,administrative organs often fail to fulfill the obligation of examination,and the public is often in a weak position in administrative litigation,which is difficult to safeguard their own environmental interests through litigation channels.At this time,the intervention of judicial review is needed to supervise and restrict the examination and approval behavior of administrative organs,so as to provide favorable protection for citizens.Through combing the two actual cases,this paper finds out the two dispute focus of the case for discussion,analyzes the identification of the plaintiff’s subject qualification in the current EIA case and how to conduct judicial review,and finds out the shortcomings of the two dispute focus issues under the current legal background,that is,the identification standard of the plaintiff’s subject qualification is unclear and the identification scope is too small,and the judicial review of the EIA public participation procedure is insufficient.At this stage,there is no very clear legal provision on the identification method of "major interest relationship",which leads to the situation of different judgments in the same case in the judgment process of the court.Many public whose rights and interests are damaged lose the plaintiff’s qualification because they are determined that there is no "major interest relationship",resulting in difficulties in safeguarding their rights.At the same time,when reviewing the public participation procedure of environmental impact assessment,the court generally only carries out the formal procedure review without substantive review of the specific content,which leads to the fact that the administrative organ has great discretion in the process of environmental impact assessment approval in practice,the construction unit does not pay attention to the public participation procedure,the public is difficult to obtain the construction project information,and cannot effectively participate in the environmental impact assessment procedure.China’s current judicial review system of environmental impact assessment still has various defects in practice.Therefore,in order to ensure that citizens really participate in the process of environmental impact assessment and protect their own rights and interests by expressing their opinions,it puts forward higher requirements for the judicial review system at all stages and is of great significance for the development of public participation system of environmental impact assessment at this stage.