Study On Establishment Of Special Procedures For Environmental Litigation

Since the end of the last century,environmental incidents occurred frequently at home and abroad,causing a wide range of personal and property losses.Beginning at the turn of the century,the domestic major Songhua river water pollution incident broke out,Hebei Baiyangdian dead fish,Taihu lake water pollution events,Yunnan Yangzonghai arsenic contamination,cadmium pollution in Hunan Liuyang,Fujian Zijin mining dam failure events,Dalian Xingang oil spill,Yunnan Qujing chromium slag pollution,Guangxi Longjiang cadmium pollution events such as large-scale environmental events.With the continuous progress of the concept of the rule of law and the gradual strengthening of citizens’ awareness of environmental rights,environmental litigation cases have seen a blowout outbreak.However,environmental infringement is characterized by latent,long-term,uncertainty of risks,immeasurable damage and expansion at any time,cross-regional and closely linked with science.Under the current legal framework,this form of environmental litigation has posed great challenges to the existing litigation mode in China.How to build special procedures of environmental litigation to find a breakthrough for the plight of environmental cases has become a topic of common concern in the theoretical and practical circles of law.In the framework of tort liability law of China,environmental tort liability belongs to a special category,which can’t adapt to the current situation of environmental litigation.This paper consists of six parts: the first part introduces the research background,motivation and purpose of this topic,as well as the research status at home and abroad,in order to provide the research foundation for the construction of the special procedure system of the text environmental litigation.The second part mainly through three typical cases of environmental litigation,put forward the main problems in the current environmental litigation proceedings,and lead to the key issues of this topic.The third part systematically introduces the basic categories of environmental litigation procedure specialization,aiming at establishing a clear system framework and comprehensively understanding the multi-level environmental litigation system and its development process in China and abroad.Familiar with the differences between different levels of environmental litigation systems in different countries,this paper introduces the beneficial experience of typical national environmental litigation procedures,and explores the reference.The fourth part mainly introduces the problems and causes existing in China’s environmental litigation procedures,and analyzes the necessity and feasibility of specialized environmental litigation procedures.The research idea is to find the causes of the problems through the analysis of the problems,and then analyze the necessity and feasibility of the specialization of environmental litigation.The fifth part is the core content of this paper,mainly elaborates the content of the specific construction of China’s environmental litigation special procedures.In this part,on the basis of proposing that the construction of special procedures of environmental litigation is the best way to solve the problems of environmental litigation,this part makes an in-depth analysis of such problems as jurisdiction,litigation subject,trial mode,expert auxiliary person system and evidence rules,and puts forward the author’s legislative Suggestions.The sixth part is the conclusion of this paper,which is also the summary of the important content and research point of view.