Research On The Initiation Of Judicial Appraisal Of Environmental Damage In China

The concept of socialist ecological civilization with Chinese characteristics in the new era requires the promotion of a new pattern of modernization construction in which humans and nature develop harmoniously.However,the current situation of environmental pollution and ecological damage in China is still severe.Judicial identification of environmental damage is a bridge linking environmental damage and environmental restoration.It can not only “speak” for the damaged environment,but more importantly,“heal” the environment,which is of great significance to the sustainable and healthy development of China 's ecological civilization.The initiation of environmental damage judicial appraisal is the beginning of environmental judicial trial work,which is related to the follow-up process of environmental cases.However,in recent years,the regulatory documents issued by the Ministry of Justice,the Ministry of Environmental Protection and other relevant departments on environmental damage forensic appraisal have scarcely included any information on the start of environmental damage forensic appraisal.In order that environmental damage judicial identification can better serve environmental judicial trials and better protect the legitimate environmental rights and interests of the masses,it is necessary to conduct research on its initiation.The first part of the article first introduces the meaning of forensic identification of environmental damage,and compares forensic identification of environmental damage with some similar concepts in order to understand its connotation more thoroughly.Secondly,by introducing a case of environmental pollution caused by breeding to solve the problem,the issue of the start of judicial identification of environmental damage in China is raised.The third part first expounds the dilemma of starting environmental forensic forensics in China from the perspectives that it is not necessary to initiate environmental forensic forensics and that it cannot play an effective role,and then analyzes the reasons for the predicament of the start of the environmental damage judicial appraisal.There are three points,namely the lack of specific start-up conditions,the absence of judges' review responsibility,and the limited technology of environmental damage judicial identification.The fourth part puts forward four suggestions to solve the predicament of initiating the judicial appraisal of environmental damage in China.They are to clarify the initiation conditions for environmental damage judicial appraisal,strengthen the judge's review responsibility during the initiation stage,improve the supporting system at the stage,and enable alternative measures.