The Study Of The Predicament Of The Environmental Protection Court In China And Its Resolution

With the increasingly severe environmental problems,all countries in the world urgently need a specialized environmental resources adjudication agency to deal with the growing number of environmental disputes.Since the establishment of the first environmental protection court in Guizhou province in 2007,China has begun exploring the specialization of environmental justice.In recent years,China has been continuously advancing the specialization of environmental justice.From the Local People's Courts to the Supreme People's Court,a green court system with distinctive Chinese characteristics has gradually emerged from the bottom up.However,it should be recognized that due to the absence of legislation,the construction of environmental protection courts in China is mostly based on various regulatory documents issued by local government.Therefore,the status quo of China's environmental protection courts shows a clear difference.Not only that,China's specialized environmental resource trial agencies still face many difficulties.For example: without legal basis for the set up of environmental protection courts;insufficient source of environmental protection court;insufficient professionalization of environmental court judges;environmental court failed to fully change the trial concept.Therefore,it is imperative to take measures to improve the environmental protection court system in China.Firstly,it is proposed to provide a clear legal basis for the construction of an environmental protection court system,and to standardize the system and establishment of environmental protection courts.Secondly,it is suggested to broaden the scope of the qualifications of the plaintiffs,and actively alleviate the difficulties of insufficient source of environmental protection court;Thirdly,it is proposed to increase the professionalization level of the judges and attach great importance to the opinions of the experts.Fourthly,it is suggested to change the environmental protection court's trial concept and strengthen the innovation of referee methods.The content of this article is divided into four major parts.The introduction part briefly introduces the purpose and significance of this topic,the general situation of research at home and abroad,and the thinking and methods of this research.The first part focuses on the outline of the environmental protection court,the concept,the necessity and the evolution process.The second part briefly introduce the status quo of the construction of environmental protection courts in China and focuses on analyzing the difficulties faced by the environmental protection courts in China,mainly focusing on the difficulties of legislation,insufficient source of the case,Inadequate trial capacity of judges,the failure to change the concept of trials,etc.The third part briefly introduces the setting up of environmental protection courts outside the territory,and focuses on the comparison between the inside and outside areas in terms of the scope of the case received,the qualifications of the litigators and the qualifications of the judges so as to strengthen the summary and draws on effective experience.The fourth part aiming at the predicament faced by the environmental protection courts in China during the process of setting up and running,some comparative suggestions are put forward on the basis of a comparison of some successful experiences in the operation of foreign environmental courts.The last part is the conclusion of this paper,reviewing and summarizing the views of this article and looking forward to the future.