Abstract: Environmental impact assessment is characterized by scientific and technological specialty and multiple benefits，giving relatively large discretionary power to environmental administrative body in execution.However，the present vague environmental legislation fails to provide guidance for environmental impact assessment，leading to the query of the legitimacy of judicial review of environmental impact assessment.It is undeniable that in a country under the rule of law，legitimate illustration for environmental impact assessment can be found in the right of non-leaking protection，in the restricted administrative power under the decentralized principle，and in the legitimate administrative procedure under a political framework in which administrative power is restricted by judicial power.

Key words: environmental impact assessment, judicial review, legitimate administrative procedure, non-leaking protection