The Particularity Of Environmental Justice And Its Response

At the end of the 20 th century,serious ecological and environmental problems broke out in various parts of China,which gave birth to the process of environmental justice in China.Jiangsu province was the first region to initiate the environmental justice reform..After the environmental justice reform in 2008 and 2012,the environmental resources trial mechanism reform will be implemented in 2019.The innovation of this reform lies in breaking the restriction of administrative division based on natural "river basin",redividing 9 jurisdiction areas and setting up 9 grassroots environmental resources courts accordingly,establishing "9-1-1" three-in-one centralized jurisdiction mode of environmental resources cases in the whole province.At the same time,the reform also carries out the establishment of relevant supporting measures on the basis of "inheriting" the good experience of environmental justice in the past.Although the new nine primary environmental resources tribunals have been formally opened to accept cases.But regrettably,this reform does not completely solve the environmental problem to the new subject of justice.The new subject of the so-called environmental problems to the judiciary refers to the special adjustment of the judicial organs,judicial personnel and judicial system in the solution of the disputes over environmental resources.Environmental issues have the characteristics of cross-field and cross-disciplinary comprehensiveness,and there are many influencing factors,so they are naturally diffused and dynamic,which is reflected in the complexity of legal disputes.Because of the particularity of environmental problems,environmental justice is different from traditional judicial procedure.The special establishment of environmental trial institution,the special establishment of judicial personnel and the establishment of special judicial system are the response to the particularity of environmental problems.Since the beginning of China's environmental justice system in 2007,the reform has been focusing on the establishment of a special institution for environmental justice,while neglecting the construction of the other two levels.This is a common problem in China's environmental justice and the direction of China's future environmental justice reform.By comparing and studying the successful models of environmental justice at home and abroad,this paper explores the practices that can be inherited,popularized and referenced,providing rich materials for strengthening the response to the particularity of environmental justice.As one of the first regions in China to start the process of environmental justice,guiyang,chongqing and kunming have their own characteristics in the jurisdiction of environmental resource cases,and have also made innovative attempts in such systems as environmental injunction and ecological foundation construction.Countries outside the region that will establish complete set of environmental justice procedures,with India,Sweden,Australia,and the United States as the typical representatives,have referable rules in the selection of environmental resource judges,the participation of environmental resource experts,the dispute resolution mechanism of environmental resource and the enforcement measures of environmental justice.As an important part of the modernization of the rule of law in China,environmental justice should thoroughly implement the concept of environmental justice,take prevention as the first and substantive protection as the goal,and give play to the principle of judicial authority.To standardize the selection and training of judges of environmental resources and establish the system of expert jury committee and expert advisory committee to ensure the participation of experts of environmental resources;Establishing preservation systems such as environmental protection prohibition orders to control disputes over environmental resources at the source;Diversified environmental dispute settlement mechanism,the environment of mediation,arbitration into environment category of judicial process,at the same time improve the system of ecological supervision mechanism,establishing the ecological insurance,escort the judicial referee for effectively implementing environment,realize the environmental resource disputes at the end of the regulation,establish a complete environment particularity of judicial system.