Research On The Legal System Of Planning Environmental Impact Assessment In China

The planning environmental impact assessment system,which is based on the principle of risk prevention and sustainable development,has been implemented in China for nearly two decades,but throughout the development of the planning EIA system,the planning EIA system has been tortuous in practice.Under the requirements of the reform of "decentralization,management and service",the focus of China’s environmental impact assessment system has shifted from environmental impact assessment of construction projects with approval as the core to planning environmental impact assessment,and the planning environmental impact assessment system has ushered in an opportunity for comprehensive upgrading.In terms of scope of application,the current planning EIA is only applicable to comprehensive planning and special planning.However,due to the reform of the planning system,the classification of comprehensive planning and special planning has become difficult to adapt to the current territorial spatial planning system.The development of the planning system also requires the expansion of the scope of application of EIA,so the future planning EIA system should be consistent with the territorial spatial planning system and include more planning in the scope of application.In terms of assessment and review,the planning and environmental assessment system provides for review,which embodies the principle of risk prevention,and requires the formulation of relevant supporting technical specifications.However,the relevant provisions of the review are deficient in the scope of application,subject and obligations,the number of supporting technical specifications is too small,and the newly emerged "three lines and one order" has not yet been institutionalized,resulting in a conflict with the content of territorial spatial planning.Therefore,it is necessary to establish an independent review procedure for the competent ecological and environmental authorities and expand the scope of application of the review to ensure the scientific nature of the planning environmental assessment.Establish a technical specification system and incorporate the "three lines and one order" into the system,and improve the quality of planning environmental impact assessment through relevant standards.In terms of supervision and remedy,although the EIA system stipulates the legal responsibilities of public participation,planning preparation organs and approval authorities,the main body and constituent personnel convened by the review team,and the technical institutions of planning EIA,the supervision is insufficient and the relief is ineffective,and the implementation of the system cannot be guaranteed.Therefore,supervision and relief provisions should be added,legal responsibilities should be strengthened,and planning preparation and approval authorities should be urged to actively perform their planning EIA obligations,so that the planning EIA system can rejuvenate its due vitality.