A Comparison of Functions of EIA System between China and US: Overseeing the Government or Regulation?

In terms of function, the EIA systems of China and the U.S. are both similar and different. The similarity lies mainly in the fact that both countries’ EIA systems have the function of supervision, that is, preventing administrative decisions harmful to the environment. The main reason for this similarity is that the EIA legislation and the EIA system of the two countries are aimed at preventing “government failure” in the field of resources and environment. There are two differences. First, the EIA system in the U.S is not a means of environmental regulation, but a means of supervision, while the EIA system in China has both environmental regulation and supervision functions. Second, in terms of administrative supervision, that is, improvement of environmental administrative decision-making, the EIA systems of China and the U.S. are quite different in the scope of application, information disclosure degree requirements and procedural guarantees, and EIA report review methods. The main reasons for these differences are that the social background of the EIA system and the legislative body’s understanding of the functions of the EIA process are different. The differences between the two countries’ EIA systems in terms of supervision show that national conditions determine the characteristics of a country’s EIA system in terms of supervision. This comparative study shows that the EIA system has its own laws. For example, the EIA procedure is neutral, “heteronomous”, preventive, and can be used for administrative regulation or supervision, and varies according to national conditions. Under the circumstance that the principal contradiction of our society in the new era has been transformed, the masses will inevitably put forward higher demands to the administrative decision-making of our government concerning environment. Therefore, it is suggested that the national legislature should improve the supervision function of the EIA system when amending the EIA Law.