Study On The Difficulties And Countermeasures Of Judicial Authentication Of Environmental Damage In China

As China's economy develops,much depredation to the environment crimes are committed in exchange for benefits.These will cause serious pollution or damage to the natural environment,public health,personal and public property in varying degrees and will directly affect the environmental safety of the polluted areas and working and living of ordinary people,even the survival and development of future generations,resulting in far-reaching impact and harm.After environmental damage crimes occur,in environmental litigation,the judicial identification of environmental damage is the key technical support for solving disputes,the main basis for determining the liability of environmental tortfeasors for damages,and the scientific basis for ensuring the authority of environmental justice.China has always paid great attention to the development of the judicial identification system of environmental damage.Since the Supreme People's court,the Supreme People's Procuratorate and the Ministry of Justice jointly issued the Notice on Bringing the Judicial Identification of Environmental Damage into the Scope of Unified Registration and Management in 2015,the state has made standard provisions on unified registration,technical guidance,expert database management,appraisal organization registration and review and so on for the judicial identification of environmental damage by issuing a number of management measures and related notices.However,due to the late start of the judicial identification of environmental damage in China,the relevant system provisions are not mature enough,there are many deficiencies.Therefore,the author thinks that the research on the judicial identification of environmental damage has a strong practical significance.This paper consists of four pieces: firstly,the summary of environmental depredation judicial identification is summarized,including the analysis of the concept,characteristics and significance of judicial identification of environmental damage.Secondly,this paper analyzes the present situation of the legislation of environmental depredation judicial identification in China,and expounds it from two aspects: legal provisions and normative documents.It is worth mentioning that the author combs a series of management regulations for environmental damage judicial identificationissued and implemented by the state from 2015 to 2019 in the form of tables.Thirdly,combined with China's national conditions,this paper studies and analyzes the five dilemmas existing in the judicial appraisal of environmental damage in China.Firstly,the number of judicial appraisal institutions of environmental damage is insufficient and the development is not balanced.Secondly,the cost of judicial appraisal of environmental damage is high and the charging standard is not clear.Thirdly,the ability of judicial appraisal of environmental damage is insufficient and other alternative means are lacking.Fourthly,the cost of repairing environmental damage is difficult to identify.The fifth is the absence of supervision on the judicial identification institutions and personnel of environmental damage.Finally,in the view of the above-mentioned difficulties,the author puts forward corresponding development countermeasures :multiple measures to develop and strengthen the judicial appraisal institution of environmental damage,unifying the charging standard of judicial identification of environmental damage and establishing the fund guarantee system,exploring the alternative means of judicial identification of environmental damage,defining the scope and calculation method of environmental restoration in the judicial identification of environmental damage,improving the supervision and accountability mechanism of judicial identification of environmental damage in China,which include some innovative ideas such as bringing the role of environmental experts into the full play,exploring consultation mechanism in order to provide a useful reference for the development and improvement of the judicial identification of environmental damage in China,so as to promote the double progress of environmental protection and economic prosperity.