Research On Forensic Identification Mechanism Of Personal Injury Caused By Environmental Damage

China's environmental problems are becoming increasingly serious,people's health is threatened,and major environmental pollution accidents occur one after another,which makes us deeply aware of the damage of human activities to the environment and the significant impact of environmental pollution on our health.Environmental pollution accidents will inevitably lead to environmental tort litigation.However,in the current judicial practice,when it comes to personal injury caused by environmental damage,we often refer to the two general standards of "identification standard of degree of human injury" and "identification standard of degree of disability caused by personal injury",ignoring the damage of other hidden factors in environmental tort cases.These damages are very difficult to find in the original general standards To the corresponding content,the compensation for personal injury caused by environmental damage has become a realistic and difficult problem.The judicial expertise of personal injury caused by environmental damage is included in the scope of the judicial expertise of environmental damage.It is applicable to the relevant provisions of the judicial expertise system of environmental damage,but it has its own characteristics.Due to the existing research on the judicial expertise system of environmental damage in China is still too complete,most of which are the regulations on the confirmation and repair of environmental pollution.There are few legal regulations on the judicial expertise system of personal injury caused by environmental damage,which have been published in recent years,and domestic scholars rarely involve in this research.There are still many deficiencies in the operation of judicial practice.Combined with the relevant theoretical basis of the environmental damage judicial identification system,this paper attempts to build the environmental damage personal injury judicial identification system.This paper is based on the law,combined with the knowledge of hygiene,forensic medicine,environmental science and other related disciplines and the related basic concepts of environmental damage forensic identification,analyzes the concept,characteristics,content,level and research content of environmental damage causing personal injury forensic identification one by one,so as to lay a theoretical foundation.Secondly,it summarizes the problems in the judicial identification system,that is,there is no harm to people through the judicial identification system There are some problems in the management system,such as the incomplete access standard of forensic institutions,the shortage of forensic institutions,the dislocation of the functions of forensic institutions and environmental monitoring institutions.There are some problems in the operation procedure,such as the incomplete provisions of the start mode of forensic identification,the low rate of appraisers appearing in court,and the formality of the review procedure of expert opinions Based on Japan's advanced experience in this aspect,this paper puts forward some suggestions to improve the judicial appraisal system of personal injury caused by environmental damage in China.In terms of technical specifications,it is necessary to build a complete system of judicial expertise technical specifications,formulate a special process of judicial expertise technical specifications,and establish clear standards of judicial expertise.At the management level,it is necessary to clarify the access conditions of forensic institutions and appraisers,speed up the establishment of professional forensic institutions,and strengthen the relevant responsibilities of forensic authorities.In the operation procedure of judicial expertise,we should improve the starting procedure of judicial expertise,perfect the system of appraisers appearing in court,and establish and improve the substantive examination procedure of judicial expertise opinions.This paper puts forward a preliminary idea to improve the judicial expertise system of personal injury caused by environmental damage,which lays a theoretical foundation for future research.