Research On The Legal Problems Of Forensic Identification Of Environmental Damage

With the enhancement of people’s awareness of environmental protection and improve requirements of the living environment, the public is beginning to pay attention to the environmental pollution and its impact on, for excessive pursuit of economic interests caused by environmental pollution and ecological destruction, with the enhancement of people’s legal consciousness, people began to focus on through the means of the proceedings to safeguard their own interests, to protect our common environment. As an important part of environmental litigation, environmental damage judicial authentication plays an important role in clarifying the dispute of the fact of the case. Sound environmental damage to the judicial authentication mechanism is conducive to the development of environmental protection, can more effectively protect the environment, promote the sustainable development of the economy, promote the construction of the legal system. Although the national awareness of the importance of environmental damage in the judicial authentication work, China’s environmental damage in the continuous exploration of judicial identification gradually grow, but there are still many deficiencies. Current our country for environmental damage the judicial appraisal system is not perfect, for the expert opinion of the effects of identification, evaluation standard and forensic institutions and people qualification no detailed provisions. In addition the judge as the main body of the trial, the business ability level, high and low forensic expertise in environmental damage identification is also crucial. To further attach importance to theoretical research and establish a sound system of environmental damage assessment of the judicial identification system, a unified technical method and scientific supervision mechanism to guide the daily pollution assessment work.This article mainly from three judicial cases, summed up the judicial identification of environmental damage in the actual application process will often appear in several controversial issues, and in order to analyze them. Through the analysis of these issues, the proposal to deal with disputes of this kind of case is put forward.This paper is divided into three chapters:Chapter one introduction partThe second chapter: the basic situation of the case. This paper introduces the basic facts of the case and the trial of three typical cases. Among them, the Kunming rural agriculture and animal husbandry Co., Ltd., and Kunming City Environmental Protection Bureau of environmental pollution infringement dispute case, Jiang Suchang long agrochemical Co., Ltd., and Taizhou City Environmental Protection Association and other environmental pollution tort disputes appeal case were mainly discusses, analysis and sum up the case in the trial process in the focus of controversy.The third chapter: the legal analysis of the above cases. In this paper, the three major cases and interspersed with a small case in order to conduct a legal analysis of several controversial issues, to draw conclusions.The fourth chapter: on the treatment of such infringement cases. In view of the environmental damage in the environmental infringement cases in the judicial authentication, put forward suggestions, in order to provide help to improve the relevant.