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Study on the Hearing System in Approval of Construction Project EIA Reports

Author: LiuZuoYu
Tutor: ZhuQian
School: Suzhou University
Course: Environment and Resources Protection Law
Keywords: construction project EIA Hearing System System Improvement
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract


The approval of construction project EIA report is an important administrative license of environmental protection department , many cases show that the introduction of the hearing system can promote the rational exercise of the legitimate power to help the public’s environmental rights, the government’s administrative power, environmental rights and interests of social unity.This paper starting form analyzing of Environmental Impact Assessment Law, Interim Measures for environmental protection administrative license hearing,Interim Measures for Public Participation in Environmental Impact Assessmen, so as to "Summer Palace hearing EIA case " and "Beijing - West - on - six of the EIA Hearing the case "as the basis in reality, the construction project in China approved the EIA report of the hearing system.Paper first discussed the concept of hearing, describes the the concept, characteristics and significance of the hearing system in approval of construction project EIA reports, paving the way for the later discussion of the necessary theoretical basis. Then, paper discussed the ready mechanism before hearing, the mechanism in hearing and the response mechanism of the hearing system in approval of construction project EIA reports. The construction of ready mechanism before hearing were discussed from the starting of hearing, the representative selection of the hearing and the host election of hearing, realistic case assessment, analysis of existing laws inadequate. Start exploring the establishment of mechanisms for enforcement hearing, the principles and procedures improved of the representative selection of the hearing and the host election of hearing. The construction of the mechanism in hearing primarily focused on hearing issues, debate the quality procedures and the layout of the three key aspects of the hearing agent. Made with the aid preparatory hearing, written testimony from the hearing rules to determine the key issues, drawing on court proceedings perfect hearing system and the debate on cross-examination system to establish the concept of procedural justice hearing a reasonable seating layout. After the hearing on the construction of response mechanism, the principle of exclusivity to the files, clear of a Hearing in administrative decision the legal effect, while the licensing authority to the applicant, interested party discovery of new evidence, the establishment of Re-hearing system, hearing procedures in the case law, the establishment of ways and means of relief.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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