Study On The Environmental Courts Set

In the late1970s of the last century, Australia, Sweden, the United States and other countries havestarting the try of environmental justice specialization, establishing the trial institutions solely onenvironmental cases and the trend towards worldwide. These justice agencies played a positive role inAdjudicating environmental cases, while significantly improving the environment of the judicial system.In2007, China’s first real environmental courts--Guiyang City Intermediate People’s Court ofEnvironmental Protection Court, Qing Zhen Town People’s Court of Environmental Protection Courtwere set up. Since then, China has begun to actively explore the environmental court. Present, there aremore than12provinces (municipalities) have set up environmental courts. These Court has played anunique advantage in dealing with environmental cases: the environmental court has the regulationssolely on environmental cases, the judges who are professional handling of environmental cases and therules which are supporting to hear cases of environment. But at the same time it is gradually revealeddefects, such as lacking of the setting legal basis, the court utilization is not high, and the judge lackingof the environmental professional level.Through the comparative analysis of domestic and international environmental court, to express thenecessity and the plight of China set the environmental court. Exploring the theoretical basis on thebasis of fully affirmed the positive role of the environmental court.And giving out the idea ofimproving China’s environmental protection court system, including t completing the set of legal system,identifying the main qualifications of the plaintiff, establishing a clear scope of accepting cases,improving the scientific the referee rules, constructing the reasonable trial procedures. Following by thesystem of environmental public interest litigation, the system of public participation, the system ofExpert testimony admissible. The system of environmental justice staff training, the system of earlyintervention of environmental protection’s legal opinions, the System of environmental cases a returnvisit and so on.