Talk About The Our Country Environmental Judicial Specialization

In recent years, as adhering to the strategy of sustainable development in China, the economic construction and environmental protection have made gratifying achievements. However, at present there exists some problems in our country’s construction of environmental legal system, especially of the environmental justice, the environmental situation is not optimistic, and the disputes continue unabated. How to give full play to the trial functions and roles, and resolving the environmental effectively turn into an urgent task the judiciary facing currently. Many foreign countries carry out environmental justice specialization, and establish specialized environmental courts in response to the environmental disputes, and then the courts’ functions with resolving environmental disputes, protecting the environment can be fully implemented. Currently, the popular research on the environmental judicial specialization in China’s theoretical circles provides certain theory basis for implementing environmental justice specialization. At the same time, some individual region also actively learned from advanced foreign experience, and took beneficial attempts to environmental justice specialization, which obtained better legal effect. Whereas, China’s academic circles don’t come terms with an united understanding on the basic theoretical issues of the environmental justice specialization; There exists discussions on whether it is necessary and conditional to carry out the environmental justice specialization and the path selection of the environmental justice specialization, which in view of the judicial system of China and the present environmental situation. Therefore, this article discusses all above-mentioned issues one by one.This article includes the following five chapters:The first chapter mainly defines the environmental justice specialization, of environmental justice, specialized is defined as:The chapter started from environment, justice, judicial specialization and concept and based in the narrow sense of justice, defines environmental judicial specialization as:the country set up special environmental courts, in the guarantee of national mandatory, in accordance with statutory powers and procedures, by specialized personnel independently conduct trials with judicial activity of various environmental disputes.The second chapter examines the current situation of domestic and foreign environmental justice specialization. Firstly, it explains the overall situations of foreign environmental justice, and then from the background, the nature and status, the scope of case range, composition, and the plaintiff qualifications etc. analyses the United States, Australia, New Zea land and other major national current situation of environmental justice specialization, and summarized the experience; Secondly, the analysis of the current severe situations of China’s environmental justice, pointing the individual places’establishment of the Environmental Protection courtroom、 Environmental Protection Circuit Court and the Environmental Protection collegial panel are beneficial attempts in the form of environmental justice specialization, and it objectively analyses the positive effect of these useful attempts to solve the environmental disputes and the present reality.The third chapter demonstrates the necessity and feasibility of the implementation of environmental justice specialization in China. In regard to the need, the article from the survival of mankind, respect for human rights, China’s environmental situation and environment case specificity, the public demand and environmental public interest litigation system and other aspects demonstrates the need to implement environmental justice specialization in China; On the side of feasibility, the article first analyses that our country has considerable theoretical basis to implement the environmental justice specialization starting from active judicial philosophy, judicial unification and lawsuit value theory and then pointed out that China’s implementation of the environmental justice specialization in line with the Constitution and laws, in line with the social division of labor also is domestic and foreign experience for reference, completing with feasibility. Objectively analyses the forthcoming difficulty of the implementation of environmental justice specialization in ChinaThe fourth chapter discusses the specific path of China’s environmental justice specialization. On the basis of precluding the establishment of environmental courts, expanding the scope of the specialized functions of the court and establishing the path of environmental collegial panel, this article pointed out that China’s environmental justice specialization process should be steady, and Environment courtroom should be established in the intermediate and higher people’s courts and Basic People’s Court with more environmental disputes. Environmental courtrooms which consist of environmental tribunals, establish specialized environmental litigation mechanism to ensure that the courtrooms fully play its role.