On The Realization Of Public Participation In Environmental Impact Assessment And Approval Of Construction Projects From The Perspective Of Judicial Review

During the period of high-quality economic transformation,construction projects that adapt to economic development have emerged one after another,and environmental issues have also arisen.The environmental impact assessment system for construction projects(hereinafter referred to as the construction environmental impact assessment system)can effectively reduce social conflicts caused by environmental issues in advance and during the process.As a key link in the construction of the environmental impact assessment system,public participation can not only reflect the basic principles of democracy in the Constitution,but also stimulate the enthusiasm of the people to protect the environment,which should be effectively implemented.Although the public participation system in environmental impact assessment is gradually improving,there are still shortcomings in current legislation and judicial practice.On the one hand,the qualification of the subject of environmental impact assessment administrative litigation is limited,which affects the realization of the right to participate in litigation when the public has objections to the environmental impact assessment administrative license.In addition,the subject of litigation in environmental impact assessment administrative cases is single,mainly reflected in the fact that the subjects of litigation in environmental impact assessment administrative actions are all closely related to the surrounding environment,the public or units,and there is no enthusiastic public or qualified social organizations that are not closely related to the environment to participate.On the other hand,after entering the litigation process,the judicial review process for the public’s right to participate is not perfect,leading to limitations in the realization of the public’s participatory rights such as being informed,supervising,and expressing opinions.Therefore,by learning and drawing inspiration from the public participation system related to environmental impact assessments outside the region,combined with China’s actual national conditions,and improving the effective implementation of public participation in the judicial review process,it is necessary to optimize the determination of the plaintiff’s subject qualification in litigation,establish a diversified litigation subject system,unify the determination criteria for "having interests" in the plaintiff’s subject qualification,and do a good job in connecting various subjects;In addition,for the review of the public’s right to participate in litigation,it is necessary to systematize the judicial review process of rights,establish a public feedback verification platform,establish a comprehensive and unified environmental impact assessment publicity and supervision platform,strengthen the judicial review mechanism of public participation,and change the current situation of emphasizing form over substance in the review process through a full process review mode.To better implement the public participation system for environmental impact assessment of construction projects(hereinafter referred to as construction environmental impact assessment)during the judicial review stage,and to achieve the trend of coordinated economic and environmental development.