Study On The Judicial Appraisal System Of Environmental Damage In China

The environment serves as the foundation and prerequisite for various national constructions.There are frequent cases of environmental pollution and ecological damage in China,and human beings are increasingly affected by it.But the difference is that the incidence of environmental lawsuits and the rate of closing cases have been slow.The main reason is that the issue of evidence in environmental litigation is difficult to resolve,and it is difficult for victims to obtain relief through litigation.Forensic appraisal of environmental damage is one of the main factual basis for judges to judge cases in environmental litigation.In recent years,the state has formulated some technical rules in the judicial identification of environmental damage,but it is still not enough to meet the country’s practical needs.Therefore,in order to promote the smooth development of environmental litigation,we should accelerate the improvement of China’s environmental damage judicial identification system from a theoretical and legal perspective.This article analyzes the problems in China’s environmental damage judicial identification system,and draws on the advanced experience of foreign countries to make recommendations for improving China’s environmental damage judicial identification system.The first part of this article is the introduction to the judicial system of environmental damage.Analyze the background of the environmental damage judicial identification system and the significance of improving the system.By analyzing the current status of research at home and abroad,it gives it an overall grasp of the system.The main innovation of the thesis lies in its frame system,which divides the system carefully.The second part is an overview of the basic theory of environmental damage judicial identification system.First analyze the concept of environmental damage,and then explain the concept of judicial identification of environmental damage from the perspective of litigation.Then it describes the characteristics of the environmental damage judicial identification system and the significance of improving the environmental damage judicial identification system.The third part is a description of the status and problems of the judicial system ofenvironmental damage in China.Starting from the legislative status and legislative review of the system,the problems of the system are analyzed from the management level,judicial application level and supervision level of the system.For example,at the legislative level,the legislative work on the judicial system of environmental damage in China has just begun,and there are many deficiencies.Management level: China’s administrative authority on environmental damage judicial appraisal agencies is scattered.Judicial application level: The judicial authority of judicial opinions on environmental damage is not high enough to meet the needs of litigation.Supervision level: China lacks a specialized supervision agency for judicial agencies and personnel for environmental damage.The fourth part describes the current status of environmental damage judicial identification systems in developed countries outside the United States,the European Union,and Japan,and summarizes the advanced experience of the three countries in the system that can be applied in China.The fifth part analyzes the problems of China’s environmental damage judicial identification system analyzed from the above part at the legislative level,management level,judicial application level and supervision level,and combines the advanced experience of foreign countries to improve China’s environmental damage judicial identification system.propose.It is hoped that this system will help the smooth development of environmental lawsuits and the protection of the legal rights and interests of victims in environmental damage,and then promote the construction of ecological civilization in China.