On The Judicial Protection Of The Existing Environment Of Develop And Perfect

Environmental disputes increase year after year with the growing environmental crisis.There are various ways of resolution, but litigation is undoubtedly the most effective one if viewed simply from the perspective of the authority of dispute resolution. Therefore,establishing environmental litigation mechanism which meet the needs of social development has become an important project in our country’s protection field of environmental judicature.The text discusses the perfection of protection field of environmental judicature. It is on the background of the protection field of environmental judicature and takes the current outstanding problems as research objects. According to the practical process of our country’s protection field of environmental judicature, the author divides it into two parts: the conventional way and the innovative way.In the conventional way, cases are based on the three procedural laws which are separated. According to the cases’ acceptance situation, the text mainly analyzes environmental civil litigation and environmental administrative litigation. Innovative way integrates the existing resources on the basis of the three procedural laws, and unify the environmental cases to one tribunal. The text mainly analyze environmental public interest litigation and environmental justice specialization. The artical contains three parts:The first part is about the comprehensive analysis of the conventional way of environmental judicature protection. First, according to the opinions on environmental litigation concept raised by different scholars, the author points out the omissions of different opinions to develop more complete and accurate concepts on the basis of the summary.Secondly,the author analyze the main problems among the conventional way of practice in our country’s protection field of environmental judicature:it is difficult to put on record before litigation, judge during litigation and execute after litigation. From the author’s point of view, the causes of the situation are as follows:the three trials are separated in environmental litigation, the plaintiffs of environmental litigation are in a weak position, the evaluation system of environmental pollution damage is unsound, environmental petition is more convenient for the relief of victims’ rights.The second part is about the comprehensive evaluation of innovative ways of environmental judicature protection. The conventional way of environmental judicatureprotection has played an irreplaceable role in ecological protection. However, with the increasingly complex of environmental cases, our country begin to explore the environmental judicial protection mechanism effectively, in order to cope with environmental crisis.Through case‘12.19’in Taizhou and the current situation of our country’s environmental courts’ establishment, the author analyzes the problems existing in the innovative way of environmental judicature protection, such as the ambiguity of the status of environmental protection social organization and the prosecutorial organs litigation, the ambiguity of environmental damage repair expenses, as well as the reality of no case to judge.The reasons are as follows: the dilemma of the jurisdiction of the judicial organization, too many limitations on plaintiffs’ standing, the imperfection of environmental public interest litigation system and the ecological restoration system to be perfected.The third part is the perfection of the innovative way of environmental judicature protection. The main system design includes: relatively concentrated environmental trial jurisdiction mechanism, appropriately relax the plaintiff funding to promote environmental public interest litigation, build professional environmental tial system as well as other relevant supporting system design, so as to support the systematic operation of environmental judicature protection mechanism.