The Jurisdiction System Of Environmental Cases Under Judicial Specialization

The determination of jurisdiction is the starting point of judicial procedure and the establishment of correct jurisdiction mode is crucial to the judicial trial of environmental resource cases.However,environmental justice is different from civil justice,criminal justice and administrative justice,the fundamental purpose is to promote the ecological environment restoration,environmental protection,protection of legal interests is the social public interest,the nature of the case is complex,injury consequence liquid,relying on the three major traditional procedure law shall be under the jurisdiction of model to solve the environment dispute is not very safe,bad for the environment right to exercise jurisdiction,but also not conducive to the protection of social public welfare.In view of this,this paper sorts out and analyzes the various modes of environmental jurisdiction at present,and tries to improve the mode of environmental resources case jurisdiction from the perspective of environmental law based on the specialized system of environmental justice in China.In the first part,this paper firstly defines the concepts of "environmental justice" and "judicial specialization",and summarizes and analyzes the judicial status quo of the jurisdiction mode of foreign environmental resources cases and the current situation of China's environmental judicial legislation,which lays a foundation for the further discussion of the following.In the second part,this paper analyzes and discusses the legitimacy of the specialization of environmental judicature,the necessity of exploring the jurisdiction mode and the current situation of the relevant legislation in China.Firstly,this paper,based on judicial data and related papers,proves that the key to the issue of "no case to be tried" in environmental justice is whether the current specialization of environmental justice can meet the requirements of environmental litigation.Secondly,this paper analyzes the necessity of determining the jurisdiction attribution and innovating the specialized jurisdiction mode from the two aspects of judicial specialization and the characteristics of environmental cases,and proves the necessity of exploring the new jurisdiction mode of environmental litigation.The third part,this article from the perspective of law,environment was typical of four kinds of environment jurisdiction mode were analyzed,and the whole of the environmental resources cases complicated environment,geographical elements and special courts,traditional model of the jurisdiction of the courts to use a variety of one-to-one correspondence,and from the aspect of legislation,system summarizes the case jurisdiction and the problems existing in the environmental justice.Firstly,based on the exploration and innovation of judicial organs at all levels,this paper summarizes and analyzes four common or representative modes of jurisdiction: the mode of jurisdiction of specialized courts,the mode of jurisdiction of specialized judicial organs or organizations,the mode of jurisdiction of circuit courts and the mode of traditional jurisdiction.Secondly,the paper mainly analyzes the difficulties in three aspects: the scope of accepting cases,the structure of jurisdiction mode and legislation,and determines the causes and causes of the problems.The fourth part,in view of the above mentioned dilemma,this paper discusses the innovation of jurisdiction mode and the remedy of existing mode.On the one hand,the trial of environmental resource cases should be tailored to local conditions,and the mode of jurisdiction should not be restricted to the traditional procedural law,but should explore a new mode of jurisdiction.On the other hand,due to the limitation of judicial resources and the specialization degree of personnel,it is not realistic to adopt the form of trial by specialized agencies.The process of judicial specialization is difficult to be completed in one move.It is by no means an effective exploration of one or two jurisdiction modes to solve the problem.Therefore,this article summarizes the cross under the jurisdiction of the administrative areas concentrated and relying on the scope of the jurisdiction of the court of the current,flexible Settings under the jurisdiction of two modes innovation are analyzed,and put forward the perfect our country environmental resources under the jurisdiction of the trial mode of all kinds of environmental law countermeasures,in order to with the characteristics of our country environment to contribute the jurisdiction of the model system.