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频频出现的“环评风暴”凸显了我国环境影响评价制度执行不力的现状。这种现象的背后有着深刻的制度根源。从现行法律规定来看,战略环境影响评价薄弱导致项目依据不合理为建设者违法提供了“原动力”、制度体系不严密为违法者以违法事实“倒逼”环境影响评价提供了便利、责任体系不合理起到“反激励”作用是导致甚或“推动”建设者不认真执行环境影响评价制度的主要原因。只有通过完善相关立法,环境影响评价才能走出制度困境,摆脱对“风暴”的依赖。
The frequent occurrence of “EIA storm” highlights the current status of the ineffective implementation of EIA in our country. Behind this phenomenon has a profound institutional roots. From the point of view of current laws and regulations, the weak strategic environmental impact assessment led to the irrationality of the project providing the “driving force” for the builders to break the law and the system is not strict enough to provide the offenders with illegal facts The reason that the system of convenience and responsibility are unreasonable to play a role of “anti-incentive” is the main reason leading to or even “pushing” the constructor to seriously implement the environmental impact assessment system. Only by perfecting the relevant legislation can the environmental impact assessment be able to get out of the system dilemma and get rid of the dependence on the “storm”.