China Environment Court To Set Up Research

Environmental protection is increasingly becoming the focus of social concerning, environmental litigation is not only an important legal tool but also the last line of defense for environmental protection. To guaruantee the conduct of environmental litigation, the establishment of environmental court is undoubtedly a breakthrough, which is a major innovation in judicial proceeding system. The establishment of environment court demonstrates the authority of the judicial and professional, reflects the rule of law, and will be of great theoretical and practical significance. Nowadays, with environmental awareness arising, the case of taking up legal arms to protect their environmental rights and environmental public interests will be more and more arising. In view of the special of environmental litigation, the protection will inevitably lead to the embarrassing situation of complaint with no special environmental court to deal with such cases. Organizing the trial court is a common practice in the world. Our country's environmental courts are running well, which deserves all the people's attention to environmental protection.This paper, on the base of environmental protection of the public interest as perspective.The paper analyzes question starting from the environment court, gradually extends to the face of environmental litigation, and proposes we should advance the proceedings system's construction.The first chapter and the second chapter both are belong to the parts of proposing the problem, why will we establish the environmental courts and what will its theory and practice be based on and so on. There are lots of detailed elaborations about these questions. Specifically, the first chapter analyzes so many questions that what are environmental tort, environmental litigation and judicial specialization specificity, and demonstrating the need for the establishment of environmental courts, which is the part of the theoretical basis of the full text. The second chapter mainly demonstrates foreign environmental court's practical experience to prove the feasibility of the establishment of environmental courts.The third chapter demonstrates the status of the establishment of environmental court and puts emphasize on the several practice problems, mainly including the case of jurisdiction, the rank of setting problems, the quality of judge and so on, which are needed to resolve in our country now.The forth chapter demonstrates the system construction to solve a series of procedural issues about the environmental court's practice, while it is the exciting part of the full text. In particular, the coordination system of law enforcement for environmental protection is a highlight part the innovation of this paper.So far, this paper completed the analysis of the environment court in the view of the public environmental interest.