Research On Operation Mechanism Of Environmental Courts In China

With the growing rapidly development of the national economy since the 80 th in the last century,we've paid serious price in environment.Environmental problems becoming increasingly serious,and the public are more and more focusing on it.To solve this serious problem and formulate a respond of the public's needs in environmental disputes,in our country,the courts at all levels set up a special environmental court or tribunal environmental protection,accepted some significant social litigation cases which impact local environmental public interest,and achieved good social effect and the judicial results.Along with the advance of human civilization and development,especially in the modern society,gradually deepening industrialization process on the structure of the industry,the environmental crisis has become the main problems of current society must face with.The solution of environmental problems depends on the joint participation and efforts of the government and the public together.Based on the lack of market mechanism in autonomy,countries should play a positive role in promoting the environmental protection,which means the expansion of the national environmental management.The state shall adopt various means and measures,actively to economic individual free will to intervene,the environmental behavior related to their behavior intervention.In order to strengthen the administrative right,judicial power should be expanded This requires the court to adopt active judicial thinking model to make the social responsibility of the court come true.After a long-term and rich theoretical research,the environmental law experts in our country reached a basic consensus that building environment judicial specialization has become the inevitable choice of development of environmental specialization justice in China,which adhering to the principle of environmental justice specialization and establishing special environmental judicial organization.With the development and expansion of environmental courts,still,we have faced many difficulties and challenges on the way of environmental justice specialization.Because of the particularity of the environmental disputes and complexity,traditional solution and litigation procedures system of judicial remedy have been unable to meet the demand of the people in the reality of judicial relief.The problems such as the weak theoretical foundation,the absence of the litigation mechanism,the shortage of trial specialization,are increasingly prominent.The incomplete system construction of environmental judicial specialization is the source of many difficulties in the development of environmental protection courts in China.The only way is to complete system design of environmental courts,establish a system of environmental litigation mechanism.Only in this way will really promote the healthy development of environmental courts,will achieve sustainable development.