Research On Development Obstacles And Solutions Of The Environmental Courts In China

With the improvement of the rule of law and people's growing attention to the concept of environmental resource protection,the quality of living environment has become the focus of most citizens.The 19 major reports state that the main contradictions in our society have been translated into a contradiction between the growing needs for a better life and the development of the inadequate imbalances.All kinds of objective and subjective factors are pushing us to attach importance to the relationship between economic development and environmental protection,and perfecting the environmental justice system is an important part of it.In the process of environmental justice reform,China selects Environmental justice specialization as the starting point,while the most basic and core part of it is the construction of environmental trial institutions.Since the pilot of the environmental courts in the two courts in Guizhou,other regions have also begun to explore the establishment of environmental resources trial institutions.So far,China has more than 1,000 environmental resource trial institutions including environmental resources trial courts,collegiate benches and circuit courts,and has continued to grow.The emergence of environmental courts is a reflection of the state's response to people's demands for environmental justice,and it also fits into the policy objectives of building an ecological civilization.However,there are still some unsuitable factors under the momentum of rapid development,which may become the "roadblock" of environmental justice institutions on the road ahead.This article consists of three parts: introduction,body and conclusion.There are four chapters in the body part:The first chapter is divided into three sections.The first section is a basic interpretation of the environmental court.The worldwide environmental courts include the trial organization within the judicial system that specializes in environmental cases and the branches affiliated with the administrative system.However,the connotation of the environmental court in China is to point to the trial court,collegiate bench and circuit court set up in the court system of our country to deal with environmental pollution and ecological damage cases.Section II summarizes the successful experience of the external environmental courts,including clear legislative support,independent jurisdiction over the government,centralized and comprehensive jurisdiction,the use of alternative dispute resolution mechanisms,and the provision of competent judges.The second chapter introduces the exploration process and development status of China's environmental courts.The first section analyzes the legitimacy of environmental courts in China from the perspective of necessity and feasibility.It is due to the particularity of environmental cases and the traditional courts.It is impossible to fully realize environmental justice and to rely on administrative means to solve environmental disputes.At the same time,it relies on the independent legal department of environmental law to obtain a theoretical basis for continuance.The second section summarizes the evolution and current situation of China's environmental courts with the theory and practice as the clues.From the local pilot to the national implementation,the focus of the theoretical circles has gradually shifted to the development dilemma and countermeasure research.The third chapter is divided into three sections to explain the obstacles faced by China's environmental courts on the road of development.Firstly,the Environmental Court has a dilemma of few cases in the real atrium,no case to trial,and analyzes the reasons for this situation from the perspective of law and economics;Secondly,the thinking on jurisdiction issues caused by more and more cross-administrative regional environmental cases that are common in environmental dispute cases,the irrational system of geographical jurisdiction,the centralized jurisdiction system have certain limitations and the cases are vulnerable to local protectionism;Thirdly,judges who are an important part of the environmental courts have a low degree of specialization and cannot fully utilize the professional advantages of environmental courts as courts specializing in environmental cases.The fourth chapter is to provide suggestions for the further development of China's environmental courts in light of the above existing problems and the excellent experience of foreign environmental resource trial institutions.This includes rational planning of the operating costs of environmental courts through innovative practices,unifying the standards of acceptance,stimulating citizen awareness of environmental rights,improving the centralized design of the system as a supporting environmental court mechanism,building a cross-regional environmental court,and creating a judgeled judging team with professional knowledge,which is hoped to promote the development of environmental courts through these approaches.