Empirical Study On Environmental Justice

As social and economic development and public environmental awareness, environmental disputes, more and more in people's lives. Environmental disputes because it involves serious environmental pollution incidents and non-specific environmental rights and interests of most people, it has involved a wide range of great features. In order to effectively solve environmental disputes, resolve social conflicts may therefore arise, environmental dispute resalution mechanism, environmental law has become a hot topic in academic circles. Among them, environmental litigation environment as the most authoritative finality of dispute resolution mechanisms and means of relief, with its unique advantages is widely used in environmental dispute settlement process. This article focused on the use of empirical research methods, environmental litigation cases through data research, analysis of the environmental litigation that exist in some of the factors that limit the development of environmental litigation, environmental litigation and proposed a sound proposal.PartⅠ:"Overview of environmental justice." Firstly the concept of environmental justice and specificity were defined and analysis, that environmental justice is the judicial organ for criminal, civil, and administrative aspects of substantive law and procedural law to deal with environmental interests involved in criminal, civil and administrative litigation cases process. Environmental litigation because the processing of environmental disputes, the dispute is different from the previous form, and makes the subject of environmental litigation in the litigation, the plaintiff range of litigation and litigation status of the parties with particularity. Second, introduce the type of environmental litigation cases. Impact on the environment based on the behavior of the respondent objects to the type of environment into environmental civil litigation cases, the environmental administration and environmental litigation cases in three types of criminal cases. Finally, the environmental legal basis for handling court cases are discussed. Civil Procedure, respectively, from the environment, the environment and environmental criminal proceedings administrative proceedings discusses the legal basis for environmental litigation.PartⅡ:"environmental litigation cases in Shanxi comprehensive analysis of the data." This part mainly includes three aspects of data analysis by two aspects, namely, the characteristics of environmental litigation and environmental litigation problems. The third aspect is the problem of environmental litigation in the analysis conclusions.First, data analysis, environmental litigation in Shanxi Province found a number of characteristics exists. First, the regional characteristics of significant environmental litigation; Second, environmental litigation cases showing a trend of overall growth, but slightly undulating individual years. Second, data analysis, environmental litigation cases found in a number of issues. First, although the legal consciousness of our citizens has been greatly improved, but the environment is still very few rights have been violated to seek redress through legal channels; Second, environmental action to the environment the majority of criminal proceedings, and the cause of action distinct primary and secondary distribution; Third, the environment the number of civil and administrative litigation environment is relatively stable, but the environment is the number of criminal proceedings is gradually increasing. Finally, the reasons for the above problems were analyzed, obtained citizenship awareness of environmental awareness and environmental litigation, and traditional legal culture is not strong citizen participation in environmental litigation still have a profound impact on the conclusions.PartⅢ:"Environmental Law Case Case of Shanxi Province." In Shanxi Province by the three typical cases of analysis of environmental litigation, environmental litigation system that exists in about three issues:first the current system of environmental litigation plaintiffs narrow; Second, existing environmental litigation Court costs and litigation system identification system does not meet the special needs of environmental litigation, environmental litigation against citizens; Third, evidence of environmental litigation and the allocation of the burden of proof is not conducive to ordinary citizens for environmental action.PartⅣ:"perfect practice of environmental justice measures." In typical cases from the survey data and analysis of both the status of environmental litigation in Shanxi Province and the development of factors affecting the environment on the basis of litigation, I made three perfect proposal:First, to strengthen the theoretical study environmental law, environmental law theory to reduce Blank and controversy, as environmental legislation, law enforcement and justice provide a sound legal basis. At the same time should also strengthen the legal system of environmental protection and environmental education and raising environmental awareness of our citizens and environmental awareness of the rule of law; second lawsuit against the characteristics of the environment, design a fair and reasonable litigation environment, to protect the environmental rights of the parties; Third, improve the judicial proceedings safeguards the environment for citizens to resolve environmental disputes through legal channels to provide judicial guarantees.