Environmental Damage Judicial Appraisal Management And Appraisal Opinions Formation And Acceptance Research

With the continuous development of society,the public's requirements for living conditions and quality of life are getting higher and higher.Among them,the public is increasingly demanding the environment in which we live.However,China's environmental problems are emerging one after another,currently and various environmental pollution behaviors still occur,not only is it a kind of destruction to the natural environment,but it also has a serious impact on the work,life and even health of residents.Therefore,In order to ensure that the environment can truly meet the needs of the public for survival and life,besides preventing the environment from being polluted,,it is also necessary to repair the environment that has been damaged.This issue has also attracted the attention of relevant state departments.To this end,the relevant departments have also issued a series of policy documents.For example,in April 2015,the General Office of the CPC Central Committee and the General Office of the State Council issued the "Opinions on Accelerating the Construction of Ecological Civilization",and in December 2017,the "Reform of the Compensation System for Ecological Environment Damage" was issued.At the same time,the new Civil Procedure Law of 2012 established a public interest litigation system.Subsequently,the procuratorial organs also carried out pilot projects for public interest litigation and achieved great achievements.However,there are still many difficulties in public interest litigation in the judicial practice.In order to alleviate these difficulties,the Supreme People's Law of 2014 promulgated the Interpretation of Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Litigation Cases.Documents such as the Interpretation of Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases.Unlike other environmental-related litigation,the ultimate purpose of environmental civil public interest litigation is to determine the environmental restoration program and repair the polluted environment.If the environment can not be repaired,the amount of environmental damage compensation that the polluter should bear.What kind of repair plan is more appropriate and can restore the environment to the state before it was destroyed?These problems are often unanswerable by all parties involved in the litigation and need the help of professionals in environmental related disciplines.Moreover,considering the specific amount of damages that the actor should bear also needs the help of professionals.These have also become one of the key elements of environmental civil public interest litigation.The most important way to solve these professional problems is the environmental damage judicial identification.In view of the late start of judicial appraisal of environmental damage in China,it was only formally incorporated into the unified management of the judicial administrative organs from2016 onwards.Although the environmental damage judicial appraisal was in operation before2016,the practice varied from place to place and was more confusing.So far,environmental damage judicial appraisal cannot meet the needs of environmental civil public interest litigation.This is also the reason for studying the judicial appraisal of environmental damage in this paper.Of course,it is necessary to be clear here that judicial expertise is an evidence method that combines management,litigation and evidence.Therefore,the research on environmental damage judicial expertiseof environmental civil public interest litigation should also be fully explained from these three aspects.In the environmental judicial civil litigation environmental damage judicial identificationmanagement,its problems are mainly lay in the management of judicial appraisal institutions and appraisers qualification.At present,the appraisal institutions and appraisers which relying on too many subjectsare not only difficult to meet the needs of judicial practice,but also difficult to meet the requirements of environmental civil public interest litigation in the scope of appraisal business,and the problem of profitability of appraisal subjects still exists.New issues have arisen in issues such as the booklet and the booklet.Therefore,the author believes that we must not only continue to maintain strict environmental damage judicial appraisal institutions and appraisers qualification access conditions,but also to improve the current qualification access,so that it can be more adapted to the characteristics of practice.In view of the imperfection of the fee system for forensic identification of environmental damage,we should not only clarify the specific fee standard,but also improve the corresponding legal aid system,and explore the establishment of public interest litigation fund and environmental liability insurance system.For the management of forensic appraisal,in the case of mature conditions,relevant departments should also take forensic appraisal of environmental damage as a starting point to build hierarchical management and strengthen regional cooperation as soon as possible.In the formation process of the identification opinion.In view of the particularity of environmental civil public interest litigation,we must advance the start of environmental damage judicial appraisal before the litigation,and at the same time extend the main body of environmental damage judicial appraisal to the main body of civil public interest litigation.For the extraction of samples that have an important impact on the identification results,we should first fully affirm that the materials collected by the administrative agencies before the identification can be used as the inspection materials,but a number of measures should be taken to ensure the authenticity of the materials and the legality of the extraction.In the implementation of environmental damage judicial identification,we can invite representatives of relevant parties to witness the identification process to confirm the identification of the inspection materials and the determination of the environmental restoration plan,so as to ensure the authority of the identification.For the technical standards on which the environmental damage judicial assessment is based,there are many problems in practice,mainly in the absence of a unified standard system,lack of standards,and multiple political exits.For this,we need to accelerate environmental standard system construction,unify judicial identification standards management department,actively encourage the formulation of environmental damage judicial identification group standards and treat the "expert law" in the environmental damage judicial identification in right way and improvethe corresponding security system and other aspects.In the appraisal process of the appraisal opinion..Although in the environmental civil public interest litigation,the environmental damage judicial appraisal can effectively solve the relevant professional and technical problems in the litigation,and provide evidence for the referee,but the judge needs to be identified in the trialwhether the judicial appraisal opinion meets the requirements of the evidence.The court's acceptance of environmental damage judicial appraisal opinions must,of course,abide by the general rules of evidence adjudication,but it is limited to the particularity of environmental civil public interest litigation.For the adoption of environmental damage judicial appraisal opinions,we should give full play to the function of the expert jury system,which includes the establishment of an expert juror expert pool and the duties of expert jurors.Of course,we also need to strengthen the appraisers' covert testimony system on the basis of strengthening the appraisers' testimony in court.In addition,for the expert assistants inenvironmental civil public interest litigation,we also need to distinguish them from the expert support system in other litigations.