Recordation of Registration Forms on China Environmental Impact - Legal Nature, Realistic Dilemma and Improving Countermeasures-

서지정보

· 발행기관 : 원광대학교 한중관계연구원
· 수록지 정보 : 한중관계연구 / 7권 / 1호 / 231 ~ 260페이지
· 저자명 : 李⻰⻜

초록

The registration forms of environmental impact assessment in China has undergone the development process from examination and approval system to recordation system. The previous examination and approval system has made outstanding contributions to China’s environmental impact assessment system, and the disadvantages and deficiencies showed in practice have promoted the reform of recordation system.
In the reform process of recordation of registration forms on environmental impact, the role of previous examination and approval system shall be clear, and the reasons for recordation system reform should also be clear while defining the legal development vein.
The legal nature of the recordation behavior on environmental impact registration forms is the basis and premise of correctly understanding the recordation system. The recordation behavior shall be unilateral behavior, administrative factual behavior and administrative procedural behavior. In the implementation process of recordation of registration forms on environmental impact, many problems have gradually emerged, such as arbitrary filing phenomenon, cheating phenomenon, lower the environmental impact assessment grade purposely, default on the recordation commitment, and low public participation.
In order to effectively solve the realistic dilemma of recordation of registration forms on environmental impact, and under the correct understanding of “devolution, management and service” as premise, this paper put forwards countermeasures from enterprise entity, government duty and third party power these three aspects, to simplify the process, to fully reflect the freedom and responsibility of enterprises, to strengthen the supervision during and after operation, to fully perform the government supervision duties and improve the service methods, where to reflect the specific countermeasures on public service responsibility of government. China environmental impact assessment system draws the advanced system experience of South Korea in the development and improving process.
While stimulating the development of system, it also promotes the international communication and further consolidate the friendly relations between China and South Korea.

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