Research On The Acceptance Mechanism Of Environmental Damage Appraisal Report

The Supreme People's Court issued in June 2019 the `` Several Provisions of the Supreme People's Court on the Trial of Compensation for Ecological and Environmental Damage Cases(Trial)'',including the relevant judicial interpretations issued by the Supreme Court and the rules and regulations issued by various administrative departments,constituted environmental lawsuits The rule system of procedures provides an effective legal basis and institutional guarantee for various environmental litigation systems.The first problem that environmental litigation needs to solve is to make the environmental litigation request clearer and more specific.The environmental damage assessment and evaluation system is to solve this problem.The problem is gradually established,and the appraisal opinion issued by the appraisal agency provides an effective solution for effectively determining the cause and effect relationship of environmental damage,the loss of all parties,and the cost of ecological environment management,etc.,and has made preliminary claims for environmental damages.However,as to how to accept the environmental damage assessment report,there are still many problems caused by the lack of acceptance mechanism in practice.This paper is officially based on this background.Aspects of relevant discussions:The first part of the thesis mainly expounds the status and problems of the acceptance mechanism of environmental damage assessment report,summarizes its particularity,sorts out related concepts,and introduces the current development status of environmental damage assessment.At the same time,it analyzes the assessment of environmental damage assessment The actual value and significance of the report's credit-accepting mechanism,and finally put forward three current problems in the assessment and assessment of environmental damage.The content of Chapters 2 to 4 of the thesis focuses on the above three issues.To discuss separately.The second part of the thesis mainly focuses on the adoption of environmental damage appraisal and appraisal standards.At first,this part introduces the theoretical basis of the adoptability standards of environmental damage appraisal and evaluation.It is mainly based on the evolution of China's existing laws and related foreign laws.Analyze and summarize the admissibility standards for environmental damage assessment in China,which are mainly divided into internal and external standards.The internal standards are relevance,necessity,and reliability,and the external standards are the eligibility of the subject,The compliance of the process and the adequacy of the basis,so as to establish the admissibility standard of environmental damage assessment and assessment.The third part of the thesis mainly introduces and analyzes the cross-examination rules of the environmental damage appraisal report,combines the main links and contents of the current environmental damage appraisal evaluation process,and the necessity and special value of the cross-examination.For the problem of unsatisfactory results,it is proposed to improve the current cross-examination rules by standardizing and perfecting the mechanism for the expert to assist the people to accept opinions and the function of the expert to appear in court.The fourth part mainly discusses the certification rules of the environmental damage assessment report,including its concept and the basic factors to be considered in the certification process.At the same time,it addresses the problems of the court's lack of substantive review and the lack of clear procedures.Suggestions to strengthen substantive review and establish a unified environmental damage assessment and management system and technical system.The problem of the environmental damage appraisal and acceptance mechanism has always been a key issue in the development of environmental lawsuits.At present,the country attaches great importance to environmental protection work.With the gradual progress of environmental damage compensation reform,environmental damage appraisal and evaluation are playing an important role.Environmental damage appraisal and evaluation It is conducive to implementing the legal liability of the damagers,and constructing an environmental damage claim system with clear powers and responsibilities.This article takes the credit mechanism as the research perspective,explores it systematically,guides the practice with theory,and resolves the current credit mechanism for environmental damage appraisal reports.Imperfections.