中國의 環境影響平價法制와 法的責任

Abstract

This Paper aims to review the issue of Environmental Impact Assessment Act and Legal Responsibility in China. In 2002, Environment Impact Assessment Law finally passed through the 4 year's hard efforts. This was the great success in China's environmental legislation field. The paper started with the legislation background and mainly discussed content of the EIS and legal responsibility. EIA systems in China utilize the screening methods to decide the activities subject to the three EIA categories of Environmental Impact Statement(EIS), Environmental Impact Report Form, and Environmental Impact Registration Form. In Practice, The main part of EIA law is the construction project EIA. There are no stipulations on the fulfillment of the EIA to the decision making of economic development plans which might have serious impacts on the environmental. As a next step, China will extend the EIA to the policy fulfillment, economic and social development planning, and genuinely realize the combination between economic, social and environmental efficiency, to satisfy the strategy of consistent development. EIA systems in China have still many tasks to be resolved. For example, no Freedom of information system, no alternatives etc.. EIA systems in China has launched in 1979s. But its development han been very slow until now. The government placed the greatest priority on economic development rather than environmental protection.