关于完善规划环境影响跟踪评价制度的思考

Thoughts on the improvement of the planning environmental impact follow-up assessment system

  • 摘要: 规划环境影响跟踪评价制度是规划环评制度的重要组成部分,完善跟踪评价制度对健全以环境影响评价制度为主体的预防体系具有重要意义。在分析我国规划环境影响跟踪评价制度与实践进展的基础上,系统梳理了现行制度存在的启动情形不明、程序亟待规范、约束力不足等问题,并从按照审查意见要求启动跟踪评价、保障生态环境部门知情权与建议权、强化违反跟踪评价义务的法律后果等方面提出对策建议,为《中华人民共和国环境影响评价法》的修订完善提供参考。

     

    Abstract: The follow-up assessment system is an important part of the planning environmental impact assessment (EIA) system. Improving the follow-up assessment system is of great significance to establishing a sound prevention system with the EIA system as the main body. On the basis of analyzing the progress of China's planning EIA follow-up assessment system and practice, the problems of the current system were systematically sorted out, including unclear circumstances of initiation, unspecific procedures, and insufficient binding forces. Countermeasures and suggestions were proposed in terms of initiating follow-up assessment according to the requirements of review opinions, guaranteeing the right to information and suggestion of ecology and environmental departments, and strengthening the legal consequences of violating the obligation of follow-up assessment system, so as to provide a reference for the revision of the Environmental Impact Assessment Law of the People's Republic of China.

     

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