规划环境影响评价的独立审查机制研究

Study on Independent Review Mechanism for Assessment of Environmental Impact of Planning

为从源头上预防重大生态环境问题的发生,规划环境评价要求宏观经济决策应考虑生态环境因素。当前我国规划环境评价存在落地难、实效差的问题,其根源在于审查监督机制的缺失,尤其是行政审查欠缺独立性与专业性。为促进行政决策符合环境理性,亟须构建独立的行政审查机制,即以生态环境主管部门作为独立审查主体,以独立、公开、公平的程序对规划环境影响评价文件质量及规划的环境影响进行审查,且作出具有约束力的审查意见,并赋予生态环境主管部门就规划的环境影响与规划编制机关有不同意见时,启动跨部门间联席会议进行协调的职权,协调不成则由省级人民政府或国务院的行政首长最终裁决。

In order to avoid major ecological environmental problems from the source, the environmental assessment of planning requires consideration of ecological elements when a macroeconomic decision is made. At present, there are problems such as difficulties in implementation and bad effects of the environmental assessment of planning in China, the essential reason is the lack of review and supervision mechanism, especially the lack of independence and professionalism of administrative supervision. In order to promote the conformity of administrative decision-making to environmental rationality, it is urgent to establish an independent review mechanism, in which the competent authority of ecological environment acts as the subject to independently review the quality of documents of the assessment of environmental impact of planning and also the environmental impact of planning in an independent, open and fair process, and thereby make a binding review opinion. If the competent authority of ecological environment has a different opinion on the environmental impact of planning with the authority making such planning, a cross-departmental joint meeting shall be held for coordination. If an agreement couldn’t reach, the chief executive of the provincial people’s government or the State Council shall make the final decision.