Research On Specialization Environmental Litigation Procedure In China

Under the scheme of ecological civilization reform system,the discussion on the specialization of environmental justice in China is white hot,and various theories are diverse.However,the consensus is that the specialization of environmental litigation procedure should be realized eventually.Based on the analysis of the current situation of various environmental litigation procedures,this paper examines and reflects on the implied problems,such as the unclear allocation of the burden of proof and the provisions on the qualification of prosecution,and the vague provisions on the limitation of various environmental litigation procedures.After systematic reflection and analysis,this paper puts forward the reasons for the specialization of environmental litigation procedures,that is,facing the challenge of large-scale environmental tort under the specialization of environmental justice,With the improvement of the theoretical basis of environmental litigation procedure,a set of specialized environmental litigation procedure can really effectively play the function of environmental public welfare protection.Finally,it makes rational disenchantment from different perspectives on the path selection and system construction of environmental litigation procedure specialization in China.On the one hand,on the basis of referring to the legislative rules of extraterritorial environmental litigation procedure,we should choose a path with special legislation as the guide and judicial interpretation as the transition,and determine the theoretical basis and institutional significance of realizing the path of environmental litigation procedure specialization.On the other hand,from the perspective of system construction,we should first identify and construct the specific types of environmental litigation procedure specialization,and reasonably arrange the order of the three litigation categories in the legislative chapter,straighten out the relationship between the litigation categories under the litigation specialization and the traditional litigation categories,and finally deduce the future development direction of the special environmental litigation procedure system.