Research On Judicial Authentication System Of Environmental Damage

Identification of our judicial system reform is the reform of the judicial system of an indispensable part of, the judicial appraisal of environmental damage is judicial expertise system reform and perfect the important part, and the formation of the mutual interlocking between the close relationship. The environmental problem is a big problem in the world, China is currently a major problem. With environmental damage disputes increase day by day, people's rights consciousness gradually strengthened, environmental damage disputes often through litigation, environmental damage has its complex characteristics, which do not have professional knowledge and professional skills of the judges rely on the identification of expert opinion to clarify the truth, to determine the client's responsibility, make impartial judgment. In February 2005, the National People's Congress Standing Committee passed the "Standing Committee of the National People's Congress on judicial appraisal management decision"(hereinafter referred to as "decision"), provides for the identification of three kinds of types, from a certain extent solve the judicial authentication system of unified management. With the progress of the times, China's environmental problems and the emergence of a to the practical needs of the new system, based on the reality need January 2016 the Supreme People's court, the Supreme People's Procuratorate and the Ministry of Justice jointly issued "on the environmental damage judicial expertise into the unified registration Guan Lifan Wai notification"(hereinafter referred to as "the unified registration scope management notice"), marking the judicial authentication system of China's environmental damage is nearly 10 years to the first independent in the "decision" provisions than the traditional big three categories of judicial authentication system. In order to further implement the judicial authentication system of environmental damage, the Ministry of justice, Ministry of environmental protection jointly issued the "on the norms of environmental damage to the judicial expertise management work notice"(hereinafter referred to as the "management work of the notice"), the notice just from a macro on several fronts were brief explanation, and can not solve the current practical problems, also need to further scientific research to improve. To environmental damage judicial identification system better, and practice, it is necessary to improve the internal system construction, further environmental damage should has the function of judicial identification.In this paper, the concept of judicial expertise, judicial identification system concept, environmental damage the concept of judicial identification, analysis of the judicial identification system and the nature of the system of judicial identification. Secondly, point out the main problems of the current environmental damage in China, and provide the basic direction for improving the judicial authentication system of environmental damage in our country. Again, perfecting the system of judicial identification of damage to the necessity and feasibility of carrying out a detailed description. The extraterritorial law about system of judicial identification of judicial authentication system of China's environmental damage is unraveling of experience to help, and to perfect the present system of judicial identification of environmental damage the realistic basis for feasibility analysis. Finally, based on current environmental damages in our country judicial expertise system of relevant laws and regulations and the provisions of the regulations of the content and conception direction of test from the damage to the environment management system of judicial expertise, environmental damage of the supervision of forensic appraisal system two aspects of improve the system of judicial identification of our country environmental damage of matching the basic idea and reality.