Study On The Judicial Cooperation Path Of Ecological Protection In The Yellow River Basin

Since the major strategy of ecological protection and high-quality development in the Yellow River Basin was put forward,the protection of ecological environment in the Yellow River Basin has been paid more and more attention.The rule of law,as the basic measure of ecological protection in the Yellow River Basin,is of great significance in promoting the realization of strategic goals and the construction of ecological civilization.The judiciary,as an important part of the rule of law,plays an important role in the realization of the rule of law.At present,a series of active explorations have been carried out on judicial protection of ecological environment in the Yellow River Basin.However,there are still many problems caused by system and mechanism in the exploration process,which need to be solved urgently.The existing judicial power allocation based on administrative division is unable to meet the requirements of ecological protection in the Yellow River Basin.The ecological and environmental judicature in the Yellow River Basin needs to achieve power coordination and overall protection of the basin.How to break the disadvantages of the traditional judicial system and mechanism and conform to the overall trend of judicial specialization,so as to form a new pattern of judicial collaborative operation of ecological protection in the Yellow River Basin is an important issue facing the judicial power in the basin protection.In addition to the preface and conclusion,this paper discusses the effective construction of judicial collaborative governance path for ecological protection in the Yellow River Basin from the following aspects:The first part discusses the concept,necessity and theoretical basis of judicial collaborative governance in the Yellow River Basin at the theoretical level.Firstly,the concept and characteristics of the judicial collaborative governance of ecological environment in the Yellow River Basin are analyzed.Secondly,it puts forward the theoretical basis of judicial collaborative governance in the Yellow River Basin,namely the theory of synergy and the theory of ecological holism.Finally,on the basis of clear concepts and theoretical basis,the necessity of exploring the path of judicial collaborative governance of ecological protection in the Yellow River Basin is analyzed.The necessity is based on the particularity of the characteristics of the basin,the severity of the natural ecological environment problems in the Yellow River Basin,and the particularity of illegal behaviors.At the same time,it further expounds the value function of solving the contradiction between the integration of the basin and the fragmentation of the basin justice contained in the realization of judicial cooperation,which is conducive to promoting the development of the basin justice.The second part analyzes the current practice status of judicial governance in the Yellow River Basin from a realistic point of view.In order to improve judicial efficiency,the current judicial practice mainly explores from four aspects: subject,form,norm and content.The practical exploration has laid a realistic foundation for the exploration of judicial collaborative governance of ecological protection in the Yellow River Basin.The third part,adhere to the problem-oriented,clearly define the specific problems that hinder the development of judicial governance of ecological protection in the Yellow River Basin.At present,there are problems such as the construction of regional judicial specialization to be improved,the coordination mechanism between the main body is not smooth,the judicial cooperation mechanism to be strengthened,the judicial standards and procedures are not unified,and the supply of supporting systems is lacking.The fourth part,on the basis of clarifying the connotation logic at the abstract level and the specific problems at the realistic level,explores the perfect path of judicial collaborative governance of ecological protection in the Yellow River Basin.Firstly,the judicial cooperation mechanism of the whole basin should be promoted by the construction of judicial specialization.Secondly,the judicial coordination mechanism of the whole basin should be strengthened from the three aspects of expanding the scope of the subject,clarifying the subject responsibility and strengthening the effective connection of work.Besides,the judicial cooperation mechanism of the Yellow River Basin should be established both substantively and regularized,and the scale of case trial and judgment should be unified.Finally,by establishing the public participation system,establishing the diversified basin environmental dispute settlement mechanism,and improving the relevant supporting guarantee system,the supply of relevant supporting systems for judicial collaborative governance in the Yellow River Basin is constantly strengthened.