文章中文名称：基于“自觉—响应”的城乡规划环评创新路径研究

文章英文名称：Innovation Path of Strategic Environmental Assessment (SEA) for Urban and Rural Planning Based on "Planning-consciousness & SEA-response"

作者信息：

席悦  复旦大学法学院博士研究生

包存宽  复旦大学环境科学与工程系教授

摘要：  科学编制并有效实施城乡规划是推进我国生态文明建设的重要方面。开展城乡规划环境影响评价，既是城乡规划决策科学化所必需的政策工具和技术手段，也是《环境影响评价法》和《规划环境影响评价条例》的法律要求。本文分析了当前城乡规划环评的三个主要路径：一是强制型路径，即依据规划环评相关法律、法规，强制规定开展城乡规划环评；二是倒逼型路径，通过相关政策制度，增强生态保护红线、资源环境承载力等对城乡规划编制与实施的硬约束，倒逼城乡规划开展环评或类似环评；三是自觉型路径，主要依靠城乡规划相关法律、法规的制定和修订，主动规定规划环评。但是通过 SWOT 分析发现，强制型路径、倒逼型路径和自觉型路径都无法将规划环评有效地纳入城乡规划中。“生态文明建设”入宪以后，城乡规划管理职能划归新组建的自然资源部，城乡规划从“扩张型规划”向“资源生态环境约束型规划”转变，出现了规划环评有效纳入城乡规划的“机会窗”。本文提出了基于规划“自觉”和环评“响应”城乡规划环评的新路径。

关键词：  规划环评，有效纳入，城乡规划，自觉性，路径

Abstract：  The Plan Environmental Impact Assessment (Plan EIA) is not only a necessary policy tool and technical means for the scientific decision-making of urban and rural planning, but also the legal requirements of the “Environmental Impact Assessment Law” and the “Regulations on Environmental Impact Assessment of Planning”. The paper analyzes three paths of Plan Environmental Impact Assessment of Urban and Rural Planning. First is the compulsory path, on which mandatory Plan EIA are conducted in accordance with the relevant laws and regulation. Second is the forced path, urging urban and rural planning to carry out Plan EIA or similar environmental assessment by strengthening the hard constraints of the preparation and implementation of urban and rural planning through the implementation of relevant policies, such as the ecological protection red line, resource and environmental carrying capacity. Third is a self-conscious approach. It mainly relies on the formulation and revision of relevant laws and regulations in urban and rural planning to proactively define planning environmental impact assessment. However, through the SWOT analysis, it is found that mandatory paths, forced paths, and single conscious paths cannot effectively integrate Plan EIA into urban and rural planning. After the ecological civilization was incorporated into the constitution and the functions of urban and rural planning and management were assigned to the Ministry of Natural Resources, the urban and rural planning changed from “expanded planning” into “constraint of resource and ecological environment”, and the “opportunity window” for the effective inclusion of planning environmental assessment into urban and rural planning emerged. The necessity and feasibility of effective integration into urban and rural planning have also been greatly improved. This paper proposes a new path called “self-consciousness & response” to incorporate Plan EIA into urban and rural planning effectively.

Keywords：  planning environmental impact assessment, effectively incorporated, urban and rural planning, consciousness, path