建設項目環評否決權的制度本源與改革路徑

The System Origin and Reform Path of the Veto System of the Environmental Impact Assessment

自我國建立環境影響評價制度以來，其所承載的制度期待與制度實效存在著巨大的反差，而現有的大量國內法考察和比較法研究都不能很好地解決這一困境。作為制度創始者的美國環評法並未將環評否決權賦予環保部門，而這一點卻始終在我國的環評法 改革思路中得到關注。現行的環評否決權存在分權不確權、分權不分責、分權不護權、分權不限權的制度設計問題，為此，通過實現環評否決權與建設專案決策權的科學配置，明確環境行政權責劃分，建立獨立審查機制，並附隨建立起完善的參與保障程序，成了環評否決權乃至環境影響評價制度的改革路徑。

The Veto System of the Environmental Impact Assessment (VSEIA) has had a huge contrast between its institutional effectiveness and the expectation of the system since the Chinese EIA was established in 2002. The large number of existing domestic law studies and comparative law studies can't be a good solution to this dilemma. As the first country established EIA, the United States didn't give the EIA veto to the environmental protection department, but this point was always the focus in the process of the EIA reform in China. With the existing EIA veto becoming the core crux of the real problems that appear in the EIA, the environmental protection department has been kidnapped by economic considerations and the lack of citizen participation. For this reason, the reform path to the VSEIA is to set the veto of EIA back in order to get it together with decision-making power, to establish an independent review mechanism, to rebalance the environmental official power and responsibility, and to build a comprehensive protection procedure.