Judicial Review Of The Concretization Of Uncertain Legal Concepts In Environmental Enforcement

The uncertain legal concepts are exist commonly in China’s environmental laws and regulations,How to conduct judicial review on the application of the uncertain legal concepts become the core of ensuring that the correct interpretation of the uncertain legal concepts in environmental laws and regulations.Compared with the materialization of the uncertain legal concept in administrative law in general meaning,the materialization of the uncertain legal concepts in the field of environmental law enforcement shows technical experience and common sense 、technical standards、appraisal opinions、environmental testing reports and reference professional experience knowledge and more approach,The particularity of the process of materialization will inevitably affect the operational mechanism of judicial review.From the perspective of review methods,Influenced by technology dependence characteristics embodied in the uncertain legal concepts in the field of environmental law enforcement,there are direct review method of refer to daily work experience、objective common sense and Refer to professional experience or professional judgment standards 、Indirect review method about translate Scientific fact finding problem into Legal issues such as the validity of scientific facts and the validity of legal procedures 、 Hierarchical review method for distinguishing the degree of specialization of technical standards and so on.The effectiveness of the review method will have a direct impact on the definition of judicial review intensity,Defining the intensity of judicial review is of great significance to the supervision of the operation of environmental administrative power by judicial power and the definition of the boundary between environmental administrative power and judicial power.the empirical research shows,The judicial review intensity of the uncertain legal concept in the field of environmental law enforcement is affected by the technical dependence of the uncertain legal concept in environmental administrative law enforcement and the functional orientation of the judicial administrative environment administrative power operation.According to the difference between the degree of specialization of uncertain legal concepts and the factors of court consideration,it can be divided into multiple reviews,such as moderate respect,high respect,and comprehensive review.In order to ensure the effective interpretation of the applicable purpose by the uncertain legal concept in judicial supervision environmental laws and regulations,It is necessary to improve the current intensity and method of judicial review,among them,The judicial review intensity should be improved by reshaping the traditional "the Space for Judgment" theory,And learn from the "judgment process" style of review to improve the current judicial review method.