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Research On The Problems Of Environmental Cases Centralized Trial

Posted on:2022-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2480306527957709Subject:Master of law
Abstract/Summary:PDF Full Text Request
The centralized trial mode is a creative and milestone important measure of environmental protection in our country.As a product of local practice,there is still a gap between its locality and universality.The difficulty in the operation of the centralized trial of environmental cases now is that no special procedural rules have been formed,and the scope of filing cases has not been appropriately expanded;the jurisdiction of various regions is not easy to determine and the legitimacy of the centralized jurisdiction rules across regions needs to be strengthened;at the same time,trials Weak organizational specialization is also a major practical problem;the supporting accreditation of the plaintiff's subject qualification is too narrow and the burden of proof is unreasonably configured,which also affects the quality and efficiency of the trial;the final trial results also face high costs in implementation and implementation supervision,The problem of difficult linkage.In this regard,this article attempts to provide thoughts and plans for the reform of environmental judicial centralized trial from the two dimensions of the construction of the cohesive mechanism of legal supply and rules,including the inclusion of environmental disputes related to the use of natural resources and natural ecological protection in a certain way.In the field of environmental litigation mechanism,expand the scope of cases;legalize jurisdiction rules and reduce the design of coordination and linkage costs under cross-regional centralized jurisdiction;standardize the establishment of centralized trial agencies and improve the professionalization of judicial personnel;appropriately identify citizens in environmental cases Individuals are the qualifications of the plaintiff as the subject of the litigation,and balance the burden of proof between the plaintiff and the defendant,and suggestions for the reconstruction of trial enforcement rules.At the same time,in theory,the content related to active justice,green justice and environmental rights is introduced in real time in theory,which enriches the level and connotation of the theoretical support for centralized trial.
Keywords/Search Tags:centralized trial, judicial initiative, centralized jurisdiction across regions, trial execution
PDF Full Text Request
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