Study On Problems And Countermeasures Of China's Environmental Specialized Trial Mechanism

In recent years,with the rapid development of economy and the continuous progress of science and technology,the problems of environmental pollution and ecological destruction in China are becoming more and more serious,and the number of cases of environmental resource disputes is also showing a straight line growth trend.Because of the complexity and particularity of environmental disputes,the traditional judicial mechanism can not completely take into account the characteristics of environmental resource dispute cases,and the green concept is put forward and advocated,so environmental specialized trial mechanism has gradually become an inevitable choice for the development of environmental justice.Although at present China's environmental specialized trial mechanism has shown the embryonic form of standardization,with the advance of trial practice,it has fallen into a "bottleneck period" in the aspects of system design,procedural rules guidance,institutional establishment,staffing,composition of adjudication documents and so on.Therefore,this paper analyzes the current situation of China's environmental specialized trial mechanism,such as legal basis,litigation mode,institution setting and composition of adjudicative documents,examines the problems in it,and puts forward some suggestions for improving China's environmental specialized trial mechanism so that it can operate more effectively.This paper consists of the following five chapters:The first chapter discusses the background and significance of China's environmental specialized trial mechanism and the present situation at home and abroad.Through different research methods,this paper summarizes the innovation points.The second chapter discusses the concept,characteristics and theoretical basis of environmental specialized trial mechanism.Through the analysis of the concept of environmental specialized trial mechanism and the three characteristics of environmental specialized trial mechanism,it is concluded that the environmental specialized trial mechanism should be based on the theory of boundary right,the theory of environmental equity,the theory of right relief for specialized staffing,specialized institutional structure,specialized procedural norms,specialized rule guidance,specialized system design,specialized adjudication documents and other elements to find their own position,only the improvement of the constituent elements can make its mechanism run normally.The third chapter analyzes the present situation of China's environmental specialized trial mechanism.The present situation of China's environmental specialized trial mechanism is shown more intuitively by the way listed in the chart,which is summarized mainly from the following four aspects: first,the legal basis of China's environmental specialized trial mechanism;second,the litigation mode of China's environmental specialized trial mechanism.Third,the establishment of environmental courts;fourth,the form and content of environmental adjudication documents.The fourth chapter combs the problems existing in China's environmental specialized trial mechanism.On the basis of a deep analysis of the present situation of China's environmental specialized trial mechanism,it is concluded from the perspective of the trial process that the specialized trial mechanism has the following problems: first,the legal system is not systematic enough;second,the rules of trial procedure are not supported enough;third,the establishment of judicial institutions is not rationalized;fourth,the substantive level of adjudication documents is not standardized enough to show that China's environmental specialized trial mechanism is actually in a "unexpected" state.The fifth chapter discusses the environmental trial mechanism of typical countries abroad.From the scope of the case,the rules of procedure,judges,judicial institutions,mediation system and other dimensions,summed up some successful experiences of each country,in the trial practice,our country can learn from its essence,selective application.The sixth chapter summarizes the suggestions to improve China's environmental specialized trial mechanism,combining with the successful experience of foreign countries,aiming at the problems existing in the operation of China's environmental specialized trial mechanism at present,puts forward some perfect suggestions from four aspects: constructing a unified legal system,establishing specialized rules of trial procedure,standardizing specialized environmental judicial institutions and optimizing the standardization requirements of adjudication documents.