On The Logic Of Environmental Trial System Reform

This paper has carried on the analysis to the environment of the trial system reform from the perspective of legal logic and the environmental justice with the method of literature review and empirical research. Legal logic perspective focus on the basis of law and the way of such reform,Environmental justice perspective focus on the value principle and the consistency of the motivation and effect、principles of the reform,so, they are conducive to environmental trail system reform for the consistency between each other.The basic point of the paper is: Environmental trial system should be reformed according to the Constitution, law and the preservation of the environment judicial authority in accordance with the requirements of legal logic and environmental justice.Accurately grasp of the requirements of environmental justice, scientific build environment trials agency and explore environmentally rights protection system are the basic path of preservation of the environment justice.The first part summarized l environmental trial system reform from the perspective of legal logic and the environmental justice.The legal Logic Perspective includes four aspects: the connotation of constitutional supremacy, in accordance with the law, the judicial authority act,means that ways of thinking, principle, basis of logic of the governance according to law.Environmental justice,which is an important perspective of environmental trial system reform, contains the basic requirements such as the environment of fair, efficiency, environmental rights protection, environmental participation,means that the environmental justice concept into the reform of environmental judicial system,and the reform motivation, purpose, method, result shall comply with the requirement of environmental justice.The second part makes an empirical study on the environment trial system reform, carried out, summarizes the current situation of rule of law and environmental justice from the perspective of reform from national level and local level.The third part study the existence of reviewing the environmental problems in the reform of trial system from the perspective of legal logic and the environmental justice,mainly for the legitimacy of the grass-roots environmental court setting, the environment court trial in one trial mode, possibility of environmental trial system reform.think of the grass-roots environmental court has constitutional problems, the environment court trial in one trial mode has illegal problems, and the possibility of environmental trial system reform problems,these are not conducive to judicial authority construction.There has contradiction exists from the perspective of environmental justice, such as the lack of top-level design and the mechanism of effective environmental protection of the rights and interests,the lack of effective participation,and the overall grasp of environmental justice.The fourth part of the third part of the problem, put forward the environmental case trial system reform perfect way, i.e., in the rule of law logic view, should according to the constitution, in accordance with the law to promote the environmental case trial system reform, safeguard judicial authority; in the perspective of environmental justice, need to accurately grasp the environmental justice, the scientific construction of environmental justice institution, exploration is beneficial to safeguard environmental rights and interests of the system...