The Research Of Chinese Environmental Courts’ Construction

With the increasing number of environmental disputes and worsening environmental problems, China have tried to set up a serious of environmental courts which aim to settling environmental cases through judicial approach. There are168environmental courts among China’s eighteen provinces (municipalities). However, the environmental courts are generally facing questions including insufficient theoretical support, weak legal basis and numerous practical difficulties. This paper quotes a lot of the latest data to discuss the operation of environmental courts, focus on the comparison and summary of Environmental Courts in Guizhou, Jiangsu and Yunnan, and reflect the deep-seated reasons that causes current difficulties of Environmental Courts, including the impact of utilitarianism and pragmatism, shortage of market regulation and the failures of government guidance. This paper argues that the Environmental Courts not only meet the needs of the environmental cases rising trend and the practice of active justice, but also undertake the promotion of environmental public interest litigation. Therefore, we should regard Environmental Courts as an opportunity to sound environmental justice specialization, on one hand to improve the system design of environmental courts, including the territorial jurisdiction, the trial-level positioning and organizational forms., on the other hand to build specialized environmental litigation mechanism and supporting measures. Only two-pronged approach can guarantee a lasting vitality of environmental courts, promote environmental public interest litigation, and ultimately maximize the role of justice in the ring protection.