Study On Jury System Of Environmental Experts

Environmental justice has always been a major problem in China's judicial trials.With the improvement of people's living standard in China,people's environmental awareness and legal awareness have been greatly improved,and various types of environmental disputes emerge in an endless succession.To this end,China has started to try to establish environmental courts or environmental collegial panels(collectively referred to as environmental courts in this paper)in some regions to hear environmental litigation.The establishment of environmental court is a sign of the specialization of environmental judicature and an important measure of judicial reform in China.However,such a trial mode is a major challenge to the existing trial mechanism in China,and how to solve the lack of professional knowledge of judges in environmental courts has become an obstacle to environmental justice in the new situation.Environmental courts around the world can only grope for rules in practice,so "environmental experts" appear in environmental courts.Environmental experts appear in environmental courts all over the world in a variety of positions,including expert witnesses,advisory experts,expert consultants,etc.,but they have not achieved good results either in court or under the guidance of the background.Therefore,the environmental court began to try to invite environmental experts to try cases as jurors.This model has achieved good legal and social effects,but it has not been popularized.After all,the case invitation is in conflict with the "random selection"stipulated by the jury system to some extent.On April 27,2018,the thirteenth session of the standing committee of the National People's Congress second conference passed the act of people's assessors of the People's Republic of China(hereinafter referred to as the "law of people's assessors"),which not only provides a favorable safeguard people's assessors of standardized management,and to the establishment of the environmental expert jury system has brought unprecedented advantage.Based on the policy of "law of people's assessors" as an opportunity,the jury system and the combination of environmental justice,giving full play to the advantages of professional environmental experts and jury trial position advantage,put forward the idea of environmental expert jury system,and carries on the analysis,mining environmental expert jury system,and carries on the analysis,mining environmental expert jury system to establish possible problems in the process,from the environmental expert jury selection procedures to the selected program,to the daily management and rights protection,throughout the whole process of environmental expert jury trial refs.In view of these problems,this paper puts forward corresponding Suggestions.First,the selection procedure of environmental expert jurors should be clarified,the application procedure of environmental expert jurors in different places should be promoted by means of unified inspection standard and internetwork,the selection and appointment methods should be widened,the selection and appointment standards should be controlled,and the team of environmental expert jurors should be strengthened.The second is to establish the selection and management procedures of environmental expert jurors,determine the selection principles,plan the daily management,and ensure the scientific application of environmental expert jurors.Third,the establishment of rigorous participation procedures to ensure that environmental experts jurors play a practical role in participation,to avoid the formality of going through the court,improve the trial quality and efficiency.Fourth,the protection mechanism of environmental expert jurors should be established to ensure that experts participate in the trial voluntarily and independently,and that their legitimate interests are timely distributed.More importantly,the personal and personality of expert jurors and their close relatives are protected from malicious attacks.