Research On The Judicial Identification Of Environmental Damage

After China's unified management of judicial expertise,environmental damage judicial expertise was officially established as a new category of judicial expertise by the end of 2015.The judicial identification of environmental damage is an important part of the legal system of environmental tort,which is still in the initial stage and needs to be improved.The scientific and technological dependence to solve environmental problems is the scientific basis for the legalization of environmental damage identification.The diversity of causes of environmental damage leads to the characteristics of difficult identification of causality,high technical requirements for damage identification and difficult determination of damage results.Therefore,as an important part of environmental litigation,judicial identification of environmental damage plays an important role in finding out the facts of cases and solving disputes.China's environmental law circle,procedural law circle and practical departments have realized the importance of carrying out the judicial identification of environmental damage,and the judicial identification of environmental damage is also growing in the process of continuous exploration,but there are still many deficiencies.Although there are some policies on environmental damage identification,there are still some problems in the practice,such as the qualification and identification procedure of the identification organization.Therefore,in the future practice,we should establish a multi-level,substantive and procedural legal system of environmental damage identification To guide the judicial identification of environmental damage in an orderly manner.Therefore,the focus of this paper is to combine the typical cases of environmental damage judicial identification in environmental litigation,and analyze the current controversial issues in environmental damage judicial identification,such as unclear access standards,inconsistent identification standards,and the scope of identification is not specific.Through the specific analysis of these problems,finally from improving the legal system of environmental damage identification,strengthening supervision and management and other aspects to solve the problem of environmental damage judicial identification put forward effective suggestions.