Study On Obstacles Of Environmental Judicial In China

In recent years,with the rapid development of economy,countries around the world have appeared different degrees of environmental crisis,environment of mass incidents happen frequently throughout the world,had sparked a global focus on the high environmental costs behind economic development.With growing environmental harmful consequences caused by the illegal and criminal behavior,the number of disputes caused by environmental problems increase year by year,to properly handle environmental disputes,maintenance of environmental rights and interests of environmental justice gradually get governments and the public’s approval.However,in the situation of environment is becoming increasingly serious,environmental disputes is increasing,under the situation of environmental policy and the legal system to tilt,the corresponding environmental litigation quantity does not present a spurt of growth.Released by the supreme people’s court cases accepted quantity and at the same time environmental complaint cases present a huge amount of data,and this reflects the environmental justice in practice did not achieve the effect of the public satisfaction,especially the relief rights protection to the environment.People trust is low for environmental justice system as a whole,is in practice when a dispute,reporting,complaints and complaint reporting more way to settle,while ignoring the judicial final effect,lead to have no case to trial at local courts.So environmental justice is in trouble.In view of this,this paper tries to based in Beijing area,the legal analysis of less use positivism research method,through combing the Beijing in recent years can be collected by the environmental justice case,the case decomposition,extracting the case of multiple elements such as subject,object,burden of proof allocation,environment elements,the cause of the legal obstacles in Beijing is analyzed,combining with the typical case study,the Beijing environmental justice attempt based on the Beijing environmental justice data analysis the convergence problem of environmental justice in China,to limit environmental justice in our country the crux of the its utility system design,and the Suggestions to consummate the corresponding countermeasures,in order to improve the existing difficulties,hope to work for our country environment to further improve judicial efficiency.