On judicial review of planning environmental impact assessment
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D926.1;D922.69

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    Abstract:

    The judicial review of planning environmental impact assessment (PEIA),through supervision of the public and the court,sets up a judicial line for the effective implementation of the PEIA system,prevents the government's decision making mistakes,and reduces the environmental contradictions and disputes caused by planning problems.Although China has established the PEIA system,it has not yet made the corresponding judicial review provisions,resulting in poor implementation in reality.Although it reflects the breakthrough of the ripeness principle of administrative act to a certain extent,there is no judicial review obstacle to non guided special PEIA from the aspects of interest of litigation and appropriateness of review.On the basis of drawing lessons from the beneficial experiences of other countries and regions,China should pay attention to and excavate its own unique political system and legal tradition,and establish a judicial review system for PEIA.

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卢锟.论规划环境影响评价的司法审查[J].重庆大学学报社会科学版,2018,24(4):166~174

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History
  • Received:April 08,2018
  • Revised:April 08,2018
  • Adopted:
  • Online: June 08,2018
  • Published: