A Research On The Reform Of Environmental Judicial System Based On Initiative

The dynamic environmental justice is based on the plight of environmental law in China.Caused by the passivity of justice,it is difficult to reflect their own value when dealing with environmental disputes.Dynamic environment judicial conforms to the concept of risk prevention,can effectively make up for a lack of environmental legislation,in the protection of citizens' environmental rights and play their own value.But because is always influenced by passive judicial philosophy,and in the scope of accepting cases,lack of procedure rules and enforcement legislation,our country environmental justice reflects the lack of ability to solve the problem and marginalized in the solution.So in the field of environmental justice in our country is faced with the realistic need,which the judicial reform.In fact,the environment of our country judicial activism change in legislation,judicial and social aspects have profound realistic foundation,and combining with our country the first to carry out the exploration of Guizhou,Yunnan provinces where environmental judicial practice,to analyze its present situation and problems,you can find of judicial reform in China is important theory and reality basis.Of course,how to break a stalemate in justice,or want to shift from the judicial idea of environmental priority,multilateral coordination,early intervention and so on will exert a positive guiding role of judicial effect.For the change of direction,practice has proved that the dominant in the middle of the top-down and bottom-up place to explore these two change path is our best choice.Based on above,we can from the following aspects concrete Suggestions for change:Improve the system of cross under the jurisdiction of the administrative area,set up new trial pattern and burden of proof,The judge proactively withdraws evidence and gives the judge the right to interpret in environmental justice,etc.Finally,judicial activism in the proposed environment at the same time,we also have to follow the dynamic nature of the research,because any role play is there is a certain limit,how to do both legitimacy and rationality and the balance of active and passive,it is also a dynamic problem research final foothold.