Dilemma And Solution Of Applying The Notification And Commitment System In Environmental Impact Assessment Of Construction Project

As a powerful measure to promote the reform of "separation of certificate and license",the notification commitment system enables the administrative counterpart to obtain the required administrative approval items such as administrative license faster with credit guarantee.Since its implementation in Shanghai in 2001,the notification commitment system has shown its efficiency value in the field of administrative examination and approval.In terms of the environmental impact assessment of construction projects,pilot projects of the notification commitment system have also been carried out.After the application of the notification commitment system in the environmental impact assessment of construction projects,construction units can get the relevant EIA approval faster,start construction earlier and put into operation earlier,generating economic benefits.This is indeed a boost to economic recovery in the context of the COVID-19 pandemic,and has transitional value.In the process of connecting the environmental assessment system with the pollutant discharge permit system,the investigation value is reflected.However,the notification undertaking system itself has some unclear legal attributes and vague reform orientation.At the same time,in the actual implementation process,the notification undertaking system itself and its combination with environmental impact assessment of construction projects have many difficulties,such as the existence of formal "examination and approval system",the legitimacy of the substantive "filing system",and the weakening of the notification undertaking system to the EIA system of construction projects.It has adverse effects on the pollutant discharge permit system,insufficient punishment for false promises and difficult to find false promises.Due to the efficiency value,transition value and investigation value brought by the environmental impact assessment system of construction projects,the notification commitment system has been frequently applied in a wider range and more fields in the country.However,there are many difficulties in the application process.Considering the scientific development of the system itself in the future,this paper divides the application process into two stages: transition and replacement.For the transition stage of the notification commitment system,in view of the difficulties of the above notification commitment system in the field of environmental impact assessment of construction projects,the author respectively proposed the establishment of legal sources,strict and detailed classification restrictions,the combination of material review and formal review,increasing the punishment for false commitment,improve the probability of being punished for false commitment and other solutions.As for the replacement stage of the notification commitment system,it should be connected with other environmental administrative regulatory means such as "three lines and one order",planning environmental assessment,and pollutant discharge permit system,so as to achieve the same efficiency value as the notification commitment system and give consideration to environmental protection and economic development.