Research On Judicial Identification Procedure Of Environmental Damage

With the rapid advancement of the national economic development,the challenges faced by our country in resources and environment have become increasingly severe.In recent years,disputes and lawsuits caused by environmental damage have been increasing.Since the 18 th National Congress,the state has paid great attention to environmental judicature,and made great efforts to provide better judicial services and guarantee for combating and preventing environmental damages and effectively safeguarding the ecological environment and people's environmental rights and interests.On December 21,2015,environmental damage was formally incorporated into the category of judicial identification.In view of the suddenness and complexity of environmental pollution,as well as the latency and hysteresis of the damage,the identification of environmental damage often requires to be supported by professional forensic evidence.However,due to flaws in the procedure of identificationin,the gaps in the legislative level,the inconsistency in the appraisal technology standards,the lack of coordination of related professional appraisal institutions and the inadequacy of their technical equipment and capability,it is difficult for appraisal opinions to be adopted by the court,and therefore has a negative impact on the credibility of the judicial identification of environmental damage.This paper attempts to analyze existing problems and propose feasible suggestions on the basis of the current situation of the application of environmental damage forensic procedures in China through comparative analysis and literature research.The content of this paper is mainly divided into four parts:The first chapter focuses on an overview of judicial identification of environmental damage.The first chapter mainly introduces the meaning of environmental damage and judicial identification,analyzes the characteristics of judicial identification,thus leads to the concept of the judicial identification of environmental damage,and discusses the similarities and differences between judicial identification of environmental damage and its related concepts and the main role of its appraisal opinions as evidence in judicial proceedings.The second chapter mainly focuses on the procedures of judicial identification of environmental damage,and discusses the main characteristics of juridical identification of environmental damage that distinguish it from other traditional identification categories.The third chapter focuses on the operation of procedures of the judicial identification of environmental damage in China's judicial practice,from the starting procedure to the implementation process,and then to the court cross-examination and certification procedures of appraisal opinions,and summarizes the actual problems in the current appraisal procedures combined with analysis of relevant cases.And the dilemmas and issues such as the difficulty in starting the procedure,the unclearly defined scope,the difficulty in effectively collecting and fixing appraisal materials,the difficulty in quantifying the liability and damage,and the problems of the cross examination of expert witnesses in court are discussed.The fourth chapter mainly considers relevant current systems and procedures for reference,and proposes relevant solutions to the dilemmas of the procedures summarized above,with a purpose to be helpful to break through the bottleneck of the process of the judicial identification of environmental damage.This paper is expected to play a role of attracting and rising valuable research in related fields.