On China's Environmental Justice Case Guidance System

As the measure of environmental law is difficult to unity, many environmental measures are short of specific provision.In addition,even for a unified measure of environmental qualitystandards, the next another problem which is causing environmental damage in the following compensation and punishment, it's still lacking the necessary requirements. Many cases will be different by different people or different places.Although different regions of China's economic development levels,there is more than a legal department exist this situation.The civil law, the labor law and the other departments already have a sophisticated measure of compensation rules, but the environmental law in this regard is still to be improved. Second, because environmental law is a comprehensive department, which may be involved in social relations to many-fold, and there are many possibilities in the proceedings.So the difficulty is even greater in dealing with cases of environmental law. The one hand, dealing with environmental cases are immaturity, on the one hand is its own complicated environmental cases. At this time,the case directing system in environmental justice has the exemplary role to play to get the maximum extent.The thesis is divided into four parts.The first part, the author describes China's environmental legislation, the judicial status and distinguishes between the case directing system in environment justice and other related concept of post.After that, author thinks our country should be constructed the case directing system in environmental justice with Chinese characteristics, and gives it the status of quasi-judicial interpretation to promote uniformity pattern formation and make our existing laws have an effective supplement. So I focus on the introduction of the rationality of the case directing system in environmental justice and how to biuld this system.The second part, the author discusses the theoretical basis of the case directing system in environmental justice from three aspects.Politically, the system can be constructed to increase the strength of our political system; economically, the system is the requirement of the productive forces; culturally, the case directing system in environmental justice not only conforms to cultural development of the world environmental protection laws but also in accordance with China's traditional culture. Therefore, the construction of case directing system in environmental justice is essential.The third part,after define the rationality of the case directing system in environmental justice, the author is inspired by the common law and civil law trend to integration and make several opinions on how to make the case directing system in environmental justice achieving localization.The fourth part, I believe that if we want to establish and improve the case directing system in environmental justice,we must establish the basic principles of the system, clearly define the main body who has right to draft and issue the directve cases in environmental justice, establish a strict selection system (specifically including its conditions and standards, compiling, reporting, announcement, clean) and supervision system.In short, the establishment of the case directing system in environmental justice can make up for the defects of the existing environmental laws and regulations, as well as provide great reference value to the follow-up legislation and help the judge finding a similar kind of guidelines on environmental cases in the future. The system also proposes more demanding in the quality of judges, it not only requires judges'business knowledge and deep theoretical training, but also requires them must be good at using the legal sense to judge the case.And judges shoud innovate cases in according to the requirements of social development and social development. Simultaneously, it can enhance the quality of judges and let them have a significant role in improving the quality of trials.