Construction Of Environmental Protection Judicial Organization Of Our Country

With the increasingly serious environmental problems, the disputes about environment increases year by year, in the meantime, due to the environmental administrative departments in our country have some trouble, like ambiguous function, buck passing. Some districts for adapting the need of developing society, setting up environmental protection trial division, environmental protection court, the citizen of our country begin to attempting through judicial approach to solve environmental problems. By means of environmental protection judicial organ to deal with environmental dispute, can further curb the growing number of pollution incident and resource destruction, can maximum limit protect people’s environment rights, can effective make up limitations for administrative functional departments and traditional judicial when they dealt with environmental disputes. Because of this, Establish environmental justice authorities also can reflect the judicial activism of judicial authority to protect environment and the reformation of Environmental justice system.This dissertation by means of comparing the Australian Land and Environment Court, the Swedish Environmental Court, the Vermont Environmental Court and the New Zealand Environment Court by the found background, court rank, personnel constitute, scope of accepting cases, using of their advanced experiences to structure the environmental protection judicial organ which suit to our country. And now, there are four types of environmental protection judicial organ in our country: environmental protection trial division, environmental protection court, environmental protection collegiate bench, environmental protection circuit court, study the four types and compare their organ nature, found basis, manning, scope of accepting cases, finding the problems that our environmental judicial existing, such as lack of found basis, scope of accepting cases constricted, plaintiff litigation qualification limited, law suit cost high, time consuming, judicial procedure sole, judicial officers nonprofessional, judgment execute hard. In allusion to these problems, put forward the install advices of the environmental protection judicial organ in our country. For example, make sure the nature and value orientation of the environmental protection judicial organ, build and perfect the organic law, mating law, build professional judicial personnel and so on. The objective of constructing environmental judicial is to adapt to the requirements to protect environment, improve the efficiency of the trial of environment dispute cases, meanwhile, strengthen the function of environmental protection and provide a good judicial conditions for constructing ecological civilization city across our country.