Research On Judicial Appraisal System Of Environmental Damage In Our Country

Since the Ministry of Environmental Protection issued the "Some Opinions on the Work of Environmental Pollution Damage Assessment" in 2011,the development of environmental damage assessment has been 11 years.During the 11 years of development,the system has been the main goal of environmental protection and environmental restoration,adhering to the principle of "whoever polluts,whoever is responsible" and constantly improving.With the development goal of "lucid waters and lush mountains are gold and silver mountains" put forward,the country’s development focus has gradually shifted from vigorously developing industrialization to focusing on industrialization and paying more attention to environmental protection,and a large number of environmental litigation cases have thus gained attention.Environmental damage appraisal is a very important link in environmental litigation procedure and its appraisal opinion is also an important basis for the court to judge the case.Through the analysis of the status quo of environmental damage appraisal system and typical cases,it is found that the main status of environmental damage appraisal is not clear,"court assistant" and "party witness" are fuzzy.The legal liability of the main body can only refer to the provisions in other upper laws,and the lack of targeted provisions for the legal liability of the main body of environmental damage appraisal.The access system of appraisal institutions is not clear enough,and the number of appraisal institutions and professionals with legal qualifications is small;Due to the influence of litigant doctrine,the rights of "litigants" in the process of litigation are enhanced.Many litigants apply for the initiation of the appraisal by themselves.However,due to the insufficient standardization of the initiation procedure,they will be questioned about the authenticity,neutrality and fairness of the appraisal opinions during the trial.Although the system of expert appearing in court has been set up and the idea of experts assisting people has been put forward,it is not detailed enough or can not be implemented.There is no unified standard for the cost of environmental damage assessment,and the insurance mechanism of environmental damage assessment is still in the exploration stage.To sum up,the reasons lead to the existence of repeated identification,interest identification,high identification cost,long identification cycle among the environmental litigation in our country.In this paper,based on the analysis of the development status of our environmental damage appraisal system and combining with the problems emerging in judicial practice,this paper expounds the problems existing in our environmental damage appraisal system.Furthermore,some suggestions are made on improving the environmental damage identification system in the view of functions and powers based on the analysis of external damage identification system.