Research On The Ecology Of Judicial Ideas In China

Under the background of the construction of ecological civilization,the construction of rule of law has stepped into ecology,legislation,law enforcement and judicature in all directions,absorbing ecological ideas and promoting the establishment of the system of rule by law of ecological civilization.Green justice,ecological justice is the positive response of justice to the construction of ecological civilization.It is the first condition to develop ecological judicial civilization and to construct ecological judicature.Judicature is a powerful guarantee for protecting ecological environment and constructing ecological civilization.However,judicature has not played its due role in maintaining and promoting ecological civilization,and the deep reason is that the concept of judicature has not really formed ecologicalization.Firstly,the article combs the problems existing in the ecological process of the judicial concept of our country,and enumerates the concrete performance of the corresponding problems in practice,in order to give full examples to prove that the existence of the above-mentioned problems has brought into play the judicial trial function effectively.The promotion of judicial credibility,ecological civilization,such as the construction of the rule of law and other aspects of the adverse impact.Then it further analyzes the main reasons for the ecological problems of the judicial concept in our country.One is that the judicial organ imitates the ecological idea in the ecological judicial construction,neglects the judicial essence,causes the judicial idea and the ecological idea not to form the benign interaction.The second is that the administrative tendency of judicature causes the judicial organ to be in the ecological judicature.Deviating from the track of judicial operation has a great negative effect on the ecology of judicial concept.Third,one-sided prominent local ecological justice,lack of integrated guidance to carry out ecological justice construction,resulting in a variety of problems in the construction of ecological justice,hindering the promotion of the ecological concept of justice.The problems in the process of ecological judicial concept are caused by many factors,so this paper puts forward the basic thinking of promoting the ecological judicial concept from three aspects.First of all,we must perfect the ecological legal system,resolve the lack of legal basis in the ecological judicial practice,and provide legal support for the ecological judicial concept.Secondly,we should dispel the administration of justice from the point of view of administration of justice.Start from inside and outside,guarantee independent trial operation mechanism,give full play to the judge's trial function,and carry out the ecological judicial idea in the process of judicial trial.Finally,further deepen the ecological judicial specialization,to provide a perfect institutional guarantee for ecological judicial specialization,and to provide a good basis for the ecological judicial concept.