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On the Legal Liability of Environmental Impact Assessment System on Construction Projects |
Xu Yixiang, Xue Yanhua |
School of Economic Law , Southwest University of Political Science and Law |
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Abstract
The provisions of Article 31 in “Environmental Impact Assessment Act” have defects in applicable range and expost environmental impact assessment system on construction projects. The new “Environmental Protection Act” has made legislative adjustments in the scope of the regulation, executors and sanctions in order to implement environmental impact assessment system on construction projects better. But legal liability is inconsistent between “Environmental Impact Assessment Act” and “Environmental Protection Act” in terms of the amount of fines, restitution and other penalties. As a result, environmental enforcement is difficult to implement. In view of this, the legal liability of environmental impact assessment system on construction projects should be based on the legislative goal and use legal interpretation methods to choose the appropriate law. At the same time the applicable conditions should be further specified in legislation.
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