On The Problems And Perfection Of Environmental Protection Court In China

During the second decade of the 21 st century,what China urgently needs to pay attention to is no longer how to achieve rapid economic development,but how to solve the problems of ecological environment and natural resources destruction brought about by rapid economic development,so as to realize social sustainable development.With the rise of the specialization of environmental justice,the environmental protection court,was born.How to find and analyze the key issues and reasons in the development of environmental courts,and further explore the way to standardize the operation of environmental courts,let it develop scientifically,is the main focus of this article,and also the core of this article's efforts problem.Document induction,comparative analysis,and empirical analysis are the research and writing methods used in this article.Through the analysis of the actual dilemmas in the development of environmental courts in practice in many places,and thinking about and absorbing the beneficial experience of the development of environmental courts abroad,summarize the reasonable measures to improve China's environmental court.Except for the introduction and epilogue,there are also four parts included in the article,the main contents of which are summarized as follows:The first part is an overview of the environmental court.Through the introduction of the connotation,characteristics,development history of the environmental protection court,the theoretical basis of the establishment of the environmental protection court,the necessity and significance of the establishment of the environmental protection court are understood from the theoretical and practical aspects.The second part is the actual dilemma and analysis of environmental courts.Through the data,materials and cases learned from the literature,practice reports,online reports and other channels,the more obvious problems existing in the development of environmental courts are concluded: first,the environmental court related legislation is incomplete;second,the environmental court's trial concept is relatively backward;the third is the chaotic setting of environmental courts;the fourth is the low level of professionalism of environmental courtteams;the fifth is the existence of problems in the environmental litigation system.The third part is the study and reference of the practice and experience of foreign environmental courts.Taking the practices of the Land and Environment Court of New South Wales,Sweden,the Green Court of India and other countries as examples,the analysis of their legal basis,the composition and professional level of the court,and the scope of the litigation subject are analyzed to find out deficiencies and strategies in the development of China's environmental courts.The fourth part is the improvement of China's environmental court.Some of the measures involved in this section also reflect the innovation of this article.The measures are probably in the following major areas: first,improve environmental related legislation;second,form and adhere to a correct and scientific environmental trial concept;third,make the establishment of environmental courts more reasonable and effective;fourth,improve the professional quality of environmental courts;the fifth is to further improve the environmental litigation related system.