The Research On National Green Tribunal Of India And The Problems Of Environmental Courts' Operation And Its Improvement Direction Of China

In recent years,environmental accidents which had happened frequently and caused a large number of casualties and property losses in India.After these accidents,India judicature was deeply aware of the importance of environmental protection.Environmental cases usually involves complex interests,and it is difficult to solve environmental problems quickly on the basis of the existing legal system,so India's Supreme Court and the high court are increasingly aware of the need to set up a special organization to solve environmental problems in the process of hearing environmental cases.India issued the National Green Tribunal Act in 2010 in the context of practical needs.It provides a legal basis for the establishment of the India Green Court.Then the India Green Court was established on October 18,2010,which marks the India specialized environmental justice from theory to practice.The establishment of the India Green Court benefits from the development and perfection of the India's environmental litigation,the court through a series of representative cases establishes many rules of environmental justice,which are widely applied to environmental protection in the Green Court.The Green Court which is known as the "judicial barriers" of environmental protection in India,has played an important role in the rapid and professional solution to environmental problems within a few years.The establishment of the Green Court is a successful practice of environmental justice specialization in India,China and India are both developing countries and faced with serious environmental problems,the relevant content of India Green Court can provide an important reference for the reform of environmental justice specialization now in china.This paper is made of five parts.The introduction mainly introduces the purpose and signification of this paper.The first part mainly introduce the theoretical basis of the Green Court in India.The emphases of the three aspects are environmental rights and the plaintiff qualification of the environmental litigation in India,and in what context did the India begin to explore the road of environmental justice specialization,and to establish the Green Court.The second part focuses on the related contents of the India Green Court,including the trial principle,jurisdiction,the trial organization,and the rules of procedure.The third part firstly briefly introduces and analyzes the establishment state of China's environmental court,taking the establish time and the purposes and the quantities of the environmental courts in Guizhou,Jiangsu and Yunnan provinces as an example.Then analyzes the important problems which exists in the operation process of environmental courts,includes establishment of the environmental right,the plaintiffs qualification,the professionalization of the judges,the jurisdiction of the court and the scope of accepting cases.The forth part mainly introduces the reference which the India Green Court provides for the development and improvement of China's environmental court from four aspects.The conclusion part summarizes and reviews the article.This paper will use the methods of comparative research,empirical research and historical research through the above five parts of India green court system are introduced,and based on the summary of the system,combined with the existing practice of courts in our country,to provide some suggestions for China's environmental court.