Research On Jurisdiction Of Trans-regional Environmental And Resources Cases

Jurisdiction system is the entrance of the lawsuit,known as the "first line of defense of judicial justice",which play an important role for the Judicial fairness and safeguarding judicial authority.However,the coincidence of our current jurisdictions and administrative divisions leads to frequent occurrence of administrative independence interference in the field of environmental litigation,which has damaged the of judicial power,and also belittled the fairness of judicature.Environmental resources case has a professional and complex characteristis,due to the mobility of environmental elements on the ecological environmental damage also presents a cross regional feature,while the current rules of the jurisdiction based on the traditional jurisdiction system in cross regional environmental protection is difficult to play a timely and effective use,has become a bottle neck in the case the trial,which need to be solved urgently.From the practical level,from the Supreme People's Court(hereinafter referred to as the "Supreme Court")to the grassroots courts made positive exploration and practice of the trial for environmental resources case,established the environmental courts,environmental tribunals,the circuit court.But the cross regional environmental pollution damage area widely,can easily lead to local jurisdiction over the proceedings,the lack of clear legal provisions of this kind of case jurisdiction rules,resulting in the formation of designated jurisdiction,centralized jurisdiction and specialed jurisdiction,this situation not only harms the authority of law also weakened the legal predictability.After summarizing the practical experience and studying relevant laws and regulations of litigation,this article analyzes the existing problems in the jurisdiction of environmental resource cases,and proves the necessity of cross-regional litigation jurisdiction in environmental resource cases from the perspective of judicial reform theory.Separating the judicial power from the administrative power,setting up the jurisdictional area independent of the administrative division according to the judicial needs,guaranteeing the independence of the judicial power.After the integration of the specialized agencies of the existing environmental trials in our country,this article proposes the centralized jurisdiction,designated jurisdiction rules supplement for the cross regional environmental resources case.In the province,the grass-roots court sets up environmental protection collegial panel,the intermediate court and the high courtset up environmental tribunal court,set up environmental court in a larger area,and to divide the jurisdiction over regional jurisdiction over environmental resources,to establish a system of environmental litigation across the country,to make suggestions on trial methods,to clarify the legal order of cases and to regulate the trial sequence,ensure the "second instance final trial" for the environmental resources cases,safeguard the interests of litigation parties,and effectively solve cross regional environmental pollution,thus safeguarding ecological security.