Research On Expert Assistant's Participation In Environmental Civil Litigation

Blue sky,white clouds,green hills and green waters are the foundation that humans live on.After decades of rapid development at the cost of pollution and facing with a devastated natural environment and worries about the future,people's environmental protection awareness soar to unprecedented heights.The environmental civil litigation followed and the number of it is also increasing.Cases involved in environmental civil litigation cases presented the current situations such as general difficulty in identifying facts,difficult damage assessment and difficulty in dealing with professional problems.Under the current situation of imperfect judicial appraisal system of environmental tort,confusion of setting of environmental pollution appraisal institutions,uneven professional levels and slow development,it is particularly important to improve the expert assistant system and apply it to judicial practice.This paper starts from the basic theory of environmental civil litigation and compares the characteristics of environmental civil litigation with other professional civil litigation cases on the basis of fully studying the system of expert assistant in civil litigation,and draws on the advanced experience at home and abroad to explore the specific problems by the expert assistant in environmental civil litigation.The purpose of this paper is to improve the appeal system of expert assistant's litigation in environmental civil litigation in China and to promote new progress in the trial of environmental civil cases.This paper takes the expert assistants of litigation system in environmental civil litigation as the research object.It is expanded according to the chapters.In the introduction part,the background of the topic and the significance of the research is clarified,the existing literature are sorted out and the basic framework and methods of the research are put forward.The first chapter is about the basic theory as well as the current situation of environmental civil litigation.By introducing the theoretical analysis of various rights in environmental civil litigation at home and abroad,the present situation of environmental civil litigation in China is evaluated and analyzed.The second chapter is about the necessity of expert assistants in environmental civil litigation.It further illustrates the necessity of expert assistants' appealing in environmental civil litigation from the aspects of remedying the deficiency of the existing evidence system,safeguarding litigant's litigation rights and guaranteeing the follow-up execution procedure.The third chapter is the analysis of the existing problems and the legal provisions of expert assistants in environmental civil litigation in our country.The main purpose of this chapter is to briefly explain the expert assistants' litigation in environmental civil litigation by analyzing the specific provisions and judicial practice of expert assistants' litigation in current civil procedure law and environmental law of our country.There exist problems in theory and practice,laying the foundation for the improvement of the system.The forth chapter is the reference evaluation and analysis of foreign related systems.Through the introduction of expert systems in environmental investment cases in Australia,Italy and other countries,their successful experience can be can learned.The fifth chapter is about the improvement of expert assistants' litigation system in environmental civil litigation.Aiming at the legal problems existing in environmental civil litigation in China,this paper puts forward new ideas of system perfection and popularization and application in practice.