On Legal Issues Of Forensic Appraisal Of Environmental Damage In My Country

With the acceleration of industrialization and urbanization,environmental disputes are increasing.Forensic appraisal of environmental damage provides important technical support for resolving environmental disputes.In environmental trials,judicial appraisal of environmental damage plays a key role as an important means of evidence.However,as a new appraisal category,judicial appraisal of environmental damage still has many problems in its program design and specific operation process.Therefore,it should be based on the theoretical mechanism of identification and the specific dilemma in the operation of the procedure,and explore its improvement path,so as to improve the judicial identification procedure of environmental damage and realize environmental justice.The judicial appraisal of environmental damage is a compound concept,and the categorization of it can conclude that its essence is a means of evidence;comparing it with some similar concepts can further clarify the scope of its connotation and conclude that it is not the only one in environmental trials Means of evidence.Forensic assessment of environmental damage is based on environmental justice and evidence value orientation,and has its theoretical foundation,but it is still in its infancy and needs to be improved urgently.Relevant legal documents contradict each other,resulting in the ambiguity of the specific scope of the appraisal;unreasonable distribution of initiation rights and unclear start conditions have caused judges to start appraisal procedures at will under the guidance of "interest-oriented" thinking;lack of specific procedures and professional barriers The resulting estrangement caused the appraiser to appear in court and cross-examination into a formality;lack of uniform appraisal standards,trial power is subject to appraisal power and other accumulated malpractices,resulting in the failure of the appraisal opinion adopting procedure.To solve the dilemma of judicial identification of environmental damage,we must first realize the effective connection of legal documents and clarify the scope of judicial identification of environmental damage;on the premise that the scope of identification is clear,standardize the initiation procedure,improve the right structure between the judge and the parties,and clarify the initiation procedure.Specific conditions,and actively explore alternative measures for judicial appraisal;after the appraisal procedure is initiated,it is necessary to improve the system of the appraiser to testify in court,and strictly limit the initiation of the re-appraisal procedure.In order to strengthen the confrontation of the appraisal procedure,the supporting measures at the cross-examination stage should be improved;Finally,in the process of adopting environmental damage judicial appraisal opinions,a unified appraisal standard should be established to provide a basis for judges to review the appraisal opinions,and to improve the professionalism of the subjects adopting the appraisal opinions.