Research On The Legal Supervision Mechanism Of Environmental Damage Judicial Appraisal

On January 8^th,2016,"Notice on the inclusion of appraisal in the scope of unified registration management",which indicates that forensic appraisal of environmental damage has become the fourth appraisal type after the three traditional types of forensic appraisal;Subsequently,my country issued a series of legal documents on the environmental damage forensic identification mechanism to explore and improve.Although the release of these documents has achieved results,our country’s currently environmental damage appraisal and assessment supervision mechanism is in a state of decentralization and formalization.This paper first clarifies the connotation and extension of environmental damage forensic supervision,and then describes the legal issues of its management and supervision mechanism in sections,while interspersing guiding cases and foreign advanced systems comparison and enlightenment,and finally from the perspective of environmental law and administrative law,find the loopholes in the existing supervision mechanism and suggestions for the system.Generally,with the continuous increase of people’s needs for living environment and the enhancement of the overall environmental protection awareness of society,the state has begun to focus on the impact of environmental damage series problems on the ecology,but when it comes to the step that achieve our environment demands by litigation and consultation,there are still bunch of problems:unclear access qualifications,different legislative standards of local normative documents,which indirectly lead to uneven distribution of identification agencies and inability to meet practical needs,the institution has not formed an independent appraisal work model,the delegation of the environmental damage forensic appraisal is unclear,and the parties themselves have no way to ask for help.There is no detailed analysis of the joint liability of the environmental damage forensic appraisal institution,and it is difficult to apply existing laws to convict them.Responsibilities are not clear,the daily management of appraisers is insufficient,the establishment of local expert databases is immature,the status of expert assistants is embarrassing,the"double"expert witness model is difficult to apply,and the laws and regulations related to the supervision of the entire appraisal activity are too broad and lack unified legal norms file for effective management,etc.Aiming at the problems existing in the supervision legislation and judicial practice of environmental damage forensic identification,and drawing on the experience of relevant foreign systems,the solution proposed in the article focuses on the following four points:Firstly,the regulations for the access and withdrawal of forensic identification institutions for environmental damage are not detailed,and the legal For the problems of unclear status,unclear appraisal and evaluation procedures,and inconsistent technical specifications,propose amendments to existing normative documents;supplement relevant content of my country’s expert database system.Put forward the code of practice ethics for appraisers and expert witnesses,expound on unified registration,a new work mode of decentralized management.Secondly,Regarding the management mechanism of environmental damage forensic appraisal,the litigation role of environmental damage forensic appraisal institutions under the principle of authority should be clarified to ensure the smooth progress of self-delegation by the parties,Promote the actual operation of the"post-fee"appraisal model,rationally use the"blacklist"system of appraisal institutions,and use this to help appraisers form a higher professional ethics concept;promote the development of the dual expert witness model in environmental damage cases;further explore environmental damage Forensic identification of legal talents.Thirdly,Improve the self-discipline and internal and external supervision mechanism of the environmental damage judicial appraisal industry:set up regular internal self-examination and appraisal opinions review activities within the institution,promote public participation,so that the institution can accept public supervision.The transition from"social management"to"social governance",judicial administrative organs should strengthen the post-mortem practice supervision function of the institution,and realize functions such as daily inspection,complaint rate statistics,and case sampling.Fourth,in terms of the legal liability mechanism of forensic appraisal institutions for environmental damage,our country currently applies the"Decision on the Management of Forensic Appraisal",not only stipulates measures such as ordering corrections and suspending practice,but also involves criminal,civil and administrative responsibilities.Therefore,our country should promote the courts to strictly pursue the legal responsibilities of the institutions in the actual trial process,replace the current drawback of"not accepting the appraisal opinion",and promote the implementation of the neutrality,independence and normative principles of environmental damage judicial appraisal.