Research On Environmental Justice Specialization Of Our Country

Currently,we are facing a severe trend of serious environmental pollution and degradation of ecosystem.Major environmental events occurred frequently,and the occurrence of environmental pollution accidents is threatening the safety of the people.More and more people are sensitive to environment pollution.From the spread of “Where there is a PX project,there is opposition” to the country,to the effect of “NIMBY movement” in the process of construction garbage incineration plant,people express their concern of environmental with more and more intense.The current environmental issues have risen to the highest level affect national economic development and social stability.In this case,judicial must actively respond to these social concerns and participate in social governance actively.The regional environmental courts and the environmental resources tribunal of the Supreme People's court have been established.The revision and implementation of the new environmental protection law promotes the process of specialization of environment justice.However,the court of environmental protection is just the carrier the environmental justice specialized.Without the related system and the concrete rules support,the courts will lost its vitality.In this paper,from the characteristics of view of environmental resources cases,the necessity and urgency of environmental justice specialization are analyzed.And three elements of environmental justice specialization which concludes institutional support,system support and rule support are also explored and constructed.In the first chapter of the article,on the foundation of defining the judicial specialization,and specialized environmental justice judicial,the specialized environmental justice necessity is analyzed.And discussion is made on the functions and elements of environmental justice support also.The second chapter of the article focuses on the analysis of the environmental justice specialized carrier that is the court of environmental protection.According to the data,the paper explores the difficulties of environmental court,such as hierarchical settings,scope of accepting cases,staff,jurisdiction and operation of the courts.The writer gives the resolution strategies.We should pay attention to the top-level design and try to establish the appropriate administrative area of separation and concentration of jurisdiction.In addition,a high quality team of ecological justice should be set up with the clearing the scope of accepting cases.The third chapter of the article expounds the party system of environmental public interest suit that is the system support of the specialization of environmental justice.When the common view that environmental public interest litigation system should be established was approved,the article focuses on the party qualification of environmental public interest litigation system to make theoretical analysis,legislative and judicial interpretation.The fourth part of the article discusses the rules support of the environment judicial specialization.Embarking from the judicial activism,the article constructs the new trial mode.The writer analyses all kinds of special rules including the distribution of burden of proof,the bearing of legal costs,the application of environmental injunction and the limited expansion of the sentences.