On The Interests Measurement In China’s Environmental Justice

In the interests of the era of diversification, in a sense, a conflict of interest is the basic content of social development. For a harmonious society, interests do not suffer from the pursuit of differentiation and the diversification benefits, while suffering from the dispute settlement mechanism of interest is unreasonable, unsound. For our present, on the one hand, judicial processing has become the major social conflicts were resolved. On the other hand, the effective resolution of disputes is the most basic function of the people’s court. Therefore, the face of the diverse interests and values ,there’s a lot of the face of confrontation and conflict, urgent need for the courts and judges each give serious consideration to the special circumstances of each case, size up the situation, in these conflicts to seek the best balance, make the case the appropriateness of rational treatment, measured by the interests of legal effects and social effects to achieve unity. Since the creation of interest measure theory, the impact of increasingly wide, even referred to as the golden way to reconcile contradictions. Fundamentally speaking, the law is to adjust the interest tool, regulation or redistribution of the legal interests of one of the major functions. Law fair or not, depends on the balance of interests or not. Interests of the measure required a conflict of interest in a number of rights or legal loopholes of the occasion, or when the judge in the particular case to weigh the interests of all parties in and make a decision. Interests of the measure emphasized that the value judgments inherent in the interests of factors, judges use the judicial process is a legal way, a way of thinking, the concept of a referee.From this study the status of environmental justice and the problems start, based on the study of environmental justice practices, analysis of the plight facing the reality of environmental justice and its causes. Based on the judicial system and the environment judicial system, stages of development from the initial stage of the two processes on the environment conducted in-depth study of judicial practice, summarized the historical development of environmental justice and the status. Then, pointing out that China is facing the reality of environmental justice difficulties, that is accepted is difficult, try hard, hard decision, implementation is difficult. The existence of these difficulties stems from the imperfections of environmental legislation, environmental justice issues and their social environment.See the plight of China’s environmental justice, analyzed the causes of these difficulties of objective and subjective reasons, followed is to seek solutions. For the current environmental problems of judicial relief, based on in-depth reflection, measures should be developed in all aspects, to take measures. However, the reality of the current conditions, how can environmental justice in China as soon as possible out of the situation? This is a methodological problem. As a department of law, environmental law is a value of interest, the task of environmental law is recognized, security, equity, various interests. Environmental justice as a mandate to achieve the most important tools and means of environmental law, its fundamental task is to find, identification, selection of environmental legislation in the various interests expressed in relation in the trial process, analysis, weighing the various interests in the specific case of the legitimate or not, the bit order before and after, the weights large or small, and continue to verify, support legitimacy, and finally protect the legitimate interests of various implementation. In fact, this is an important method of law --- interests measurement in the environment justice. Interest Measurement is out of the dilemma of environmental justice "gold method". In recent years, many environmental disputes are progressive rendering, mass, intensification of the contradictions of French relations and regional interests of the mixed characteristics such linkage. To achieve fairness and justice from a more macro level, the game is to achieve overall balance of social, by coordinating the interests of the ways to meet social identity, therefore the Court must not only according to the referee, but also concerned about the social effects, until the organic unity. Measure of interest in determining the rights and obligations to focus on efforts to examine society when the facts themselves, consolidated equity values and interests of the conflicting relationship, and put value into various interests, overcome the problem of value incommensurability. So its more effective to find a variety of equity value, to find a decision scheme to the parties and all have considerable social legitimacy and acceptability scheme, so as to realize social harmony. Although it’s not a perfect solution, it is now able to get help to find the most powerful harmonious goals approach. What is the measure of interest, the interests of justice in which the need to measure, interest to assess how specific operations, and what value it has become a judicial question to be taken seriously.Although used as a gold method, can effectively solve the problems encountered by the judges. Undeniably, such as the improper use of this method is no doubt that the rule of law itself has a destructive effect. And in practice this method should be used, how to determine the criteria for assessment is a more difficult question to answer. In order to prevent the abuse of interest measurement in environmental justice, avoid possible problems, try to overcome its inherent limitations, with the correct application of a clear its internal requirements, that is to follow the form of substantive rationality and legitimacy. Need to regulate its scope, principles and standards when measured against, measurable steps, responsible for the choice of method, etc. And focus from the application of the premise, the value of options, procedures, logical, professional rules and other public point of view of environmental justice in the interests of the measure. Advocate the interests of justice in the environment when measured against the implementation of case guidance system, selected fish wins Dam (Tennessee Valley Authority v. Hill case), Sierra Club v. Morton case of Minister of the Interior, the Philippines Children’s v. Ministry of Environment and Natural Resources to cancel the logging permits case. For the environmental Justice, which should be measured in the interests of justice and its relationship, Interests for the species and economic interests, environmental interests and economic interests, the interests of future generations and the interests of contemporary, how should the conflict of interests in the environmental justice measures in the empirical analysis done.