西南林业大学学报2025，Vol.9Issue(4)：119-126,8.
建设项目环境影响评价中适用"责令恢复原状"探析
An Exploration on 'Order for Reinstatement' in the Environmental Impact Assessment System for Construction Projects
摘要
Abstract
The 'order for reinstatement' in the environmental impact assessment system is primarily applicable to construction entities that have failed to report and obtain approval for environmental impact assessment documents in accordance with the law,and where the construction project has already been put into production and use.As a typical administrative act of ordering reinstatement,it is widely applied and diversely expressed in environmental legislation,which has led to disputes over its classification as either an administrative order or an administrative penalty.Based on the theoretical frameworks of both,and in conjunction with the purpose and content of the envi-ronmental impact assessment system for construction projects,classifying the 'order for reinstatement' as an admin-istrative penalty is more substantiated in theory and advantageous in system implementation.Firstly,the 'order for reinstatement' exceeds the necessary scope of obligations to restore illegal activities to a lawful state,constituting an additional punitive obligation imposed by administrative authorities.Secondly,the content of the 'order for reinstate-ment' includes legally defined types of administrative penalties such as 'restriction on production and operation ac-tivities','order to close down',and 'order to dismantle within a specified period'.Thirdly,implementing the 'order for reinstatement' in accordance with the hearing procedures for administrative penalties can compensate for the lack of public participation during the environmental impact assessment stage.关键词
环境影响评价/责令恢复原状/行政处罚/行政命令Key words
environmental impact assessment/order for reinstatement/administrative penalty/administrative order分类
社会科学引用本文复制引用
韩松余..建设项目环境影响评价中适用"责令恢复原状"探析[J].西南林业大学学报,2025,9(4):119-126,8.基金项目
国家社会科学基金项目"非现场环境执法模式研究"(23CFX042)资助. （23CFX042）
