Research On The Setting Of Environmental Courts Of China

The Environmental Courts,together with the Administrative Tribunals, the Civil Court and the Criminal Court, all belong to a special judicial institution in China.But courts have its unique places, including the following three aspects: set the purpose with diversity, specific business professional, comprehensive proceedings.It also promotes the Environmental Court achieving properly handling environmental disputes, protecting the environmental rights of citizens, guaranting in harmony with nature and other effects.There are two processing environmental judicial dispute-solving mode abroad:First, follow the traditional ordinary courts, the second is to set a special type of environmental courts.Countries outside the establishment of environmental courts mostly belong to the "response" judicial measures, in the current human society under the situation of large-scale development, can meet the requirements of environmental protection career change, conform to the trend in the development of international environmental law. Since China’s guizhou province guiyang city intermediate people’s court to set up the earliest courts, discussion on the environmental justice and practice more in-depth, also pulled open the prelude of environmental judicial innovation and reform. Wuxi city courts in the qualification of the plaintiff sues and environmental public interest litigation system has significant innovation. And yunnan province environmental courts pioneered environmental protection funds, injunctions and the integrated use of three system of administrative and judicial measures. Therefore, the judicial practice of our country’s environmental courts is a "bottom-up" mode of reform, highly localized features. Environmental resources of the supreme people’s court trial was founded in 2014, marking the specialized courts trial mode was established throughout the country. Although our China has set up a lot of environmental courts, however, there are still some problems that can not be underestimated.Although our country has preliminarily established the framework of environmental courts, but there are still many places need to be improved, the reform efforts to make this system play the maximum effect, can be improved from the following aspects: First of all is the principle of explicit, such as the principle of constitutionality, particularity principle, need principle, the principle of unified applicable; Secondly, setting clear principles. According to the above principles,China’s environmental courts set up should be divided into two kinds: one kind is ordinary courts in court. One kind is across the environmental courts in administrative court; Three is to perfect the environmental courts set up the mechanism of guarantee,such as organization, funds safeguard and supervision; Fourth, improve the environmental litigation mechanism. From the build special environment procedure rules, with professional approval personnel, establish a sound system of environmental litigation foundation and other aspects; Fifth, improving and completing the environmental trial supporting systems, such as the Expert Testimony Admissible System, the Implementation of Environmental Cases Return visiting system and the Third-party Supervision System.