Research On The China's Environmental Damage Judicial Authentication System

Environment damage judiciary appraisal is the use of environmental science technology or specialized knowledge by litigants in litigation activities.It uses technology methods such as monitoring,testing,site investigation,test simulation or comprehensive analysis to identify specific issues involved in environmental pollution or ecological damage lawsuits.The purpose of this paper is to analyze the current system and experience of environmental damage judiciary appraisal in China,and to improve the qualification of environmental damage judiciary,the technical standards of environmental damage judiciary appraisal,the environmental protection expert witness system,and the environmental judiciary's liability system.This article is divided into three parts: introduction,text,and conclusion.The introduction part mainly leads to the problem,summarizes the research significance of this article,briefly analyzes the status quo and problems of China's environmental damage judicial appraisal system,and expounds the current legislative status and domestic and international research status of China's environmental damage judicial appraisal system.The first chapter of the main part mainly elaborated on the main theoretical issues of environmental damage judiciary appraisal,and clarified related concepts from three levels of environmental damage,forensic identification,and environmental damage forensic identification,including the concept and characteristics of environmental damage,and forensic identification.The second chapter mainly elaborates the status quo and problems of China's environmental damage judicial appraisal system,which mainly includes the status quo of legislation,management system and responsibility system.The main problems at this stage include the unclear qualification of environmental judicial appraisal assessment subject,lack of a unified technical standard and environment.There are four aspects of the lack of an effective financial security system and the loopholes in the system of environmental damage judicial authentication.The third chapter mainly elaborates the judicial identification system for environmental damage in the three countries(or regions)of the United States,Japan,and the European Union.It analyzes the legal system,technical support,and financial guarantees.Through comparison,the three countries are analyzed.(Or regional)This will provide the basis for the improvement of China's environmental damage judicial appraisal system.The fourth chapter puts forward sound suggestions for the current situation of environmental damage judiciary appraisal in China,including clarifying the qualifications of environmental tort judiciary appraisal subjects,unifying technical standards,establishing environmental infringement funds safeguard system,improving the responsibility system,and proposing to construct China's environmental protection expert witnesses.