Practical Review And Correction Of The "Three-in-one" Model Of Environmental Resource Cases

With the emergence of environmental problems,social conflicts and disputes caused by this have also emerged one after another,environmental resource cases continue to grow,and judicial pressure is increasing.On the one hand,the pressure comes from the increasing number of cases,and on the other hand from the complexity of the cases.That is,the same environmental resource case may involve three different aspects: civil,administrative and criminal.Therefore,it faces the question of whether the case needs to be tried according to different natures.Such cases are common in environmental resource cases.According to the traditional method,cases of different nature must be tried and judged separately by the corresponding courts.However,the same fact will inevitably be repeatedly identified,increasing the burden of litigation,wasting judicial resources,and may also reduce the professionalism of the trial and affect the quality of the trial.The complexity of environmental resource cases poses new challenges to the current judicial system.It is precisely in view of this characteristic of environmental resource cases that our country has adopted a special trial mode-"three trials in one",that is,through the establishment of special courts,environmental resource cases are managed in a unified manner,and a single court is responsible for such cases.The case undergoes a comprehensive trial,and a comprehensive judgment is finally made to solve the civil,administrative and criminal issues in a unified manner.In 2007,the People's Court of Qingzhen City,Guizhou Province,my country adopted this model for the first time in the trial of environmental resource cases.Since then,environmental protection courts have been established in many places to adopt this "three-in-one" model to try environmental resource cases.With the development of practice,the problem of "three trials in one" in environmental resource cases has become increasingly prominent,the most obvious of which is the incomplete implementation and the inconsistency of practical applications with theoretical connotations,so theoretical connotations are needed.Further clarify and explain.At the same time,practice pays more attention to the improvement of form,but there is a certain gap in the actual implementation,and theoretical research is needed to put forward corresponding improvement suggestions.The logic of this article is to find the problem-find out the reason-understand the connotation-give suggestions,so in the content of the paper,in addition to the introduction and conclusion,the main body is divided into four parts,namely chapters 2 to 5.The second chapter is based on the definition of the concept of "three trials in one" in environmental resource cases,and through practical inspections,problems are found,that is,the practice department has not fully understood the true connotation of "three trials in one",and has not realized the formality of the trial mode.It integrates with the substance and analyzes the causes of this problem.The third chapter directly discusses the origin,legal basis and necessity of the "three trials in one".Chapters 4 and 5 respectively put forward suggestions for the integration of this model in form and substance,that is,in form,its connotation should be further clarified,and attention should be paid to the establishment of trial organizations and the improvement of related legislation;The convergence of litigation systems focuses on the handling of cross-cutting cases and the improvement of supporting systems.