On Justice Of Environmental Judicature

The rarity of environmental resource results in the increase of environmental disputes. Most of countries generally resolve environmental disputes through judicial solutions. The limitedness of judicial solutions result in inactive involvement, incorrect judicial basis, unreasonable balance of interests, lack of applicable systems, inefficient enforcement of judgments, high social cost and other problems related to judicial injustice. We need to form a special theory on environmental judicial justice through using and developing Theory of Judicial Justice and Theory of Environmental Justice, which aims to instruct the environmental judicial reform and rectify problems related to the environmental judicial injustice.Theory of Environmental Justice, on the new basis of analysis of environmental interests including individual environmental interests, collective environmental interests and common environmental interests, specifically includes Principle of Maximum, Principle of Priority and Principle of Proximity. The Principle of Maximum requires environmental justice to broaden its range of subjects and accepted issues as many as possible, in order to achieve the maximum of manners and extent of liability undertaking, environmental interests and social interests. The Principle of Priority requires the distribution of social judicial resource to give preferential consideration to satisfying judicial needs, and examination, consideration and relief of environmental interests in individual judgments, and highly-ranked environmental interests. The Principle of Proximity requires that selection of judges, eligibility of litigators, and selection of judicial basis and judicial procedures in judicial justice should, to the largest extent, be proximate to environmental damages and environmental disputes as the center. The three principles of environmental justice are consistent with the fundamental principles of environmental law.Environmental judicial system design should be instructed by the three principles of environmental judicial justice, and should be centered in environmental judicial judgment. System of subjects of environmental justice includes system of judges of environmental justice, system of litigators and assistants. The international environmental justice is facing obstacles in design of the system of subjects of environmental justice. The system of environmental judicial procedure has two design ways, common judicial procedure and special environmental judicial procedure. The legislation on the system of subjects of environmental justice and the special environmental judicial procedures should make a choice between amending the existing laws and drafting new special laws and other solutions, based on the existing situations of politics, judicial system and environmental disputes in each and every country and international society.Environmental judicial justice may be evaluated by an objective, neutral and generally applicable evaluation standard system of environmental judicial justice. Based on the three principles of environmental judicial justice, the evaluation standard system of environmental judicial justice includes three factors, environmental judicial independence, easy access to environmental justice and fairness of environmental justice. The evaluation index of environmental justice should be acquired by independent non-governmental organizations through survey on relevant specialists and the public, through special procedures and manners.The structure of the contents in this paper is as follows:Chapter 1 Preface summarizes the research background, objective, significance of this paper, puts forward the definition of the research range and the meaning of words, sums up the existing research conclusions related to environmental judicial justice, and forwards the train of thoughts, ways and innovation of the research on this paper.Chapter2 Theories of Environmental Judicial Justice, beginning with the kinds, reasons and solutions of rectifying unjust phenomena in environmental justice, introduces the theories of justice, judicial justice and environmental justice and other theories, in order to form the basis of independent environmental judicial justice.Chapter 3 Form of Theory of Environmental Judicial Justice puts forward a new method of analysis of environmental interests including individual environmental interests, public environmental interests and common environmental interests, and evaluates the theories of subjects of environmental judicial justice and environmental judicial justice through the new method.Chapter 4 Design of Environmental Judicial Justice evaluates the systems of subjects of environmental justice and environmental judicial procedures and the legislation on them based on the three principles of environmental judicial justice.Chapter 5 The Evaluation Index of Environmental Justice makes an objective, neutral and generally applicable evaluation on achieving environmental judicial justice, through using the three indexes including environmental judicial independence, easy access to environmental justice and fairness of environmental justice.Chapter 6 Conclusion discusses the systematicness and reasonability of the main opinions of this paper and the specific application of this theory in China.