行政许可法原则下的环评许可:适用与展开

EIA permit under the principle of Administrative Licensing Law: application and development

  • 摘要: 中国先有《中华人民共和国环境影响评价法》(简称《环境影响评价法》),后有《中华人民共和国行政许可法》(简称《行政许可法》)。在《行政许可法》于2004年施行后,国务院明确将项目环评审批纳入到行政许可的事项当中,据此环评审批工作应当按照《行政许可法》的规定进行。当下有些地方开展环评许可工作,与《行政许可法》的要求有差距。为提升环评许可的质量,必须全面执行《行政许可法》规定的各项法律原则,包括合法原则、公开和公正原则、公众参与原则、信赖保护原则、监督原则等。建议生态环境部有效推进《环境影响评价法》的修改工作,使该法与《行政许可法》有机衔接,以满足新形势下建设法治政府、全面依法行政、建设美丽中国的实际需要。

     

    Abstract: China first published the Environmental Impact Assessment Law of the People's Republic of China (Environmental Impact Assessment Law) and then the Administrative Licensing Law of the People's Republic of China (Administrative Licensing Law). After Administrative Licensing Law came into force in 2004, the approval of project EIA was explicitly included in the administrative licensing matters by State Council, and thus the EIA review and approval should be conducted in accordance with the requirements of the Administrative Licensing Law. Currently, the EIA approval work conducted by some local authorities is far from the requirements of the Administrative Licensing Law. In order to improve the quality of EIA approval, it is necessary to comprehensively implement the legal principles stipulated in the Administrative Licensing Law, including the principle of legitimacy, the principle of openness and fairness, the principle of public participation, the principle of reliance protection and the principle of supervision, etc. It was suggested that the Ministry of Ecology and Environment should actively bring the revision of the Environmental Impact Assessment Law to the agenda to organically link this law with the Administrative Licensing Law, so as to meet the practical needs of building a government under the rule of law, comprehensively administrating according to law and establishing a beautiful China under the new situation.

     

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