The Innovation And Improvement Of China’s Environmental Tort Judicial Authentication System

With the judicial reform in China being deepened，the system of expertise graduallyfalls behind，in which many things are in consistent with the reform of litigation value，trial mode，and the development of evidence system. The environmental disputesperform the higher dependence on the expert conclusion because of it involves wide，thecomplex，evidence collection difficulty and other features. The environmental tortjudicial authentication system as an important part of judicial system，is the importantguarantee to realize citizens’ environmental rights and interests, and the vigorous forceto promote the development of environment protection in China. Before the <Decisionof the Standing Committee of the National People’s Congress on the Administration ofJudicial Authentication>(following be called <Decision>for shot) past of the28thFebruary2005， our country has not form a unified, standardized judicialauthentication system. However, even after the "decision" issued and implemented,China’s judicial authentication status is still "Shear constantly, Richard also disorderly",judicial authentication in the field of standardization of environmental disputes isimpossible. It is necessary to study the problems among innovation, integrity andprocedure of the Environment Tort Judicial Authentication System in our country inorder to making the EnvironmentalJudicial Authentication widely and normativelyaccepted early.This paper standing in the height of the jurisprudence, environmental law andlitigation law, firstly, startingfrom the forensic concept. I discuss the contents andcharacteristics of its system, and then analysis the basic status of the forensic management system and procedures, from these making its malpractice and mistakes inother related fields clearly.Secondly, I summarize the institutions dispersion, procedure chaotic, system deletionthree aspects are current situation of the Environment Tort Judicial AuthenticationSystem in our country form macro and micro perspectives. These conclusion abased onthe investigation of national conditions and legislations, especially of one case and itsdata. Following I analysis the cause the situation.Thirdly, for proving it’s essential and feasible to improve its system, I list civil law,common law countries’ experiences of forensic management system and procedure inorder to complementing Chinese environmental monitoring technology, environmentaljustice environment and agencies established.Lastly, I recommend to innovate and complete Chinese Environment Tort JudicialAuthentication system from three aspects depend on actual situation and forensic workstatus:The Environment Tort Judicial Authentication Management System, TheEnvironment Tort Judicial Authentication Procedures and the other problems of theenvironment tort judicial authentication. Then try to design the skeleton with theaddition to highlight affordable value function and the method.