| Judicial specialization means that the cases under the jurisdiction of the general court are tried by a special trial organization.It mainly contains three connotations : first,specialized personnel try a particular type of case;according to the logic of thinking,environmental judicial specialization should be part of judicial specialization.A special judicial organization or a separate judicial organ shall be set up within the court to hear environmental cases.According to the logic of thinking,environmental judicial specialization should be a part of judicial specialization,which refers to the establishment of a special judicial body or court in its internal special,the trial organization shall conduct special trials of environmental cases.Environmental judicial specialization is the inevitable choice of judicial development,which is necessary and feasible.Environmental dispute cases are special,and there are different opinions on the determination of damage and compensation of environmental tort.Making environmental problems difficult to solve in time may cause greater social problems.For the current situation in our country,the environment division Law specialization should not only be conducive to strengthening and improving environmental justice,but also to strengthening and improving environmental legislation,environmental law enforcement is conducive to overcoming the alienation of environmental protection system and the implementation of the defects,and to curb environmental law enforcement and other aspects of corruption.We should rebuild the order of environmental morality and environmental interests,respect and maintain the ecological law,and ensure the balance of the ecological system.From the establishment of the guiyang qingzhen environmental protection court in october 2007 to the supreme people's court's announcement of the establishment of the environmental resources tribunal in july 2014,by the end of 2018,people's courts at all levels have set up environmental and resources tribunals,collegiate bench and china patrol.From the establishment of the guiyang qingzhen environmental protection court in october 2007 to the supreme people's court's announcement of the establishment of the environmental resources tribunal in july 2014,by the end of 2018,people's courts at all levels have set up 1,271 environmental and resources tribunals,collegiate bench and circuit courts.The specialization of environmental judicature shows obvious characteristics of " from local to central " and " from pilot to extension ".In the course of the development of environmental judicial specialization,the building of the system has been constantly improved,and the personnel and material support have been constantly available.The development model has also been constantly explored,professional trial procedures gradually refined,forming a benign development situation.However,the development of things is not perfect,we need to face up to the difficulties and problems in the process of development.There are some problems in the specialization of environmental judicature,such as the low standardization of the organization and the imperfect procedure.The lack of specialized organizations for specialized trials of environmental cases,the limited jurisdiction of environmental cases,and the difficulty in enforcing environmental disputes;the lack of exploration on the construction of environmental court.According to these shortcomings,this paper proposes to standardize the establishment of specialized judicial institutions,and build a specialized environmental caseJudicial organs,perfect the special procedures of environmental justice,train specialized judicial personnel and jurors,establish a centralized jurisdiction system,and apply the designated jurisdiction;it is hoped that the proposal of specialized judgment enforcement and the establishment of specialized courts in qualified areas will bring effective promotion to the development of environmental judicial specialization. |
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