On the Punishment of False Promise in EIA Notification Commitment System
The notification and commitment system in the field of administrative licensing has been gradually implemented in many places,and some areas have also carried out pilot projects in the field of environmental impact assessment of construction projects.However,the notification and commitment system of EIA administrative licensing has caused problems such as formal administrative licensing and substantive filing in the pilot process,which is contrary to the logic of the preventive function of the EIA system to a certain extent,so it has caused a lot of discussion in the academic community.At the same time,for the punishment of false promises by construction units,most pilot areas only take the form of revocation of administrative licenses supplemented by good faith punishment,which is difficult to produce a strong deterrent effect on the false promises of construction units.After analyzing the current situation of punishment for false promises,this paper believes that there are shortcomings in the punishment link and the in-process and post-supervision link,and then studies it by combining the expected return model of false promises,the maximum deterrent effect model and the expenditure discount index model of false promises.Some suggestions are put forward to increase the severity of punishment for false promises,reduce the cost of punishment,reduce the discount rate of punishment,and improve the probability of false promises being punished.