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环评制度是环境法中预防原则的重要体现,而环评审查结论的法律效力决定了环评能否实际地发挥预防环境污染、生态破坏的功能。关于环评审查结论的法律效力主要有两种制度设计,即实体否决权效力与“纯程序”约束效力。我国环评审查结论具有实体否决权效力,即环评审查结论将决定是否批准项目开发。因我国环评实效欠缺,实体否决权效力受到质疑。但忽略“重实体、轻程序”法律传统及一味追求经济增长的现状,而简单追求“纯程序”约束效力的方法亦不可取。
The EIA system is an important manifestation of the precautionary principle in the environmental law. The legal effect of the EIA review concludes that the EIA can actually exert its functions of preventing environmental pollution and ecological damage. There are mainly two kinds of system designs about the legal effect of the conclusion of the EIA, that is, the effectiveness of the entity’s veto power and the effect of the “pure procedure” restriction. The conclusions of China’s EIA review have the effect of entity veto, that is, the conclusions of the EIA review will decide whether to approve the project development. Due to the lack of effectiveness of China’s environmental impact assessment, the effectiveness of the entity’s veto is questioned. However, it is also not advisable to ignore the “heavy and light procedural” legal tradition and blindly pursue the status quo of economic growth. However, it is not advisable to simply pursue the “pure procedural” restraint effect.