Environment Court Set Up Research In Our Country

The industrial revolution, science and technology, promote the development ofthe city, bring convenient life at the same time, also let us bear suffering environmentalpollution, ecological destruction, waste of resources.The environmental movement inthe early1970s, ascendant, many countries in the world are carried out thetransformation of environmental justice specialization, unconsciously shift spreadingthroughout the world, such as the United States, Australia, Sweden, etc., have set up atrial case deals with environment.In1979our country issued "the environmentalprotection law (trial), it marks the environmental protection gradually progress towardthe rule of law in our country, this in the construction of environmental law andenvironmental causes has the milestone significance.In recent years, our country to establish a special environmental dispute to trialorganization actively explore and practice, the purpose is to effectively solve socialcontradictions and disputes for environmental problems.With the ordinary civil,criminal, administrative cases, because of environmental litigation professional, lack ofimpartiality and authority and so on its own characteristics, so need to set up a specialjudicial procedures for environmental litigation.To litigation mode combining with theexisting environment, improve the environmental litigation efficiency, improve theenvironmental lawsuit system of judicial relief, our country established in2007the firstin the history of Chinese courts in the true sense of environment, setting up of guiyangcity intermediate people’s court and the court qingzhen the people’s court ofenvironmental protection.So far, the national court successively set up180environment,the environment court cases in the treatment of the environment play a uniqueadvantage.But environmental litigation settlement mechanism is often restricted by itsown defects, and in the process reflects the weakness of professionalism, lack ofimpartiality and authority, therefore, in according to different need to build differentprocessing procedures, namely, to establish the professional environment court hasbecome the inevitable requirement of the construction of environmental litigation law, which requires specialization of judicial organizations to establish special environmentinstitutions and improve the system of environmental litigation trial independence twoaspects of content.In this article, through analysis of domestic and foreign environment court setsituation, elaborated our country to set up the environment problems and the necessityof the court.Based on environmental courts produce positive role to our country andputs forward positive thinking improve environment court system, including theconstruction of a reasonable trial procedure, perfecting the legal system of form acomplete set, establish clear scope of accepting cases, concluded that the plaintiff’ssubject qualification, perfecting the science of the referee rules, etc.Based on thefollowing public participation system, inter alia, expert testimony system,environmental legal submissions early intervention system, judicial personnel trainingsystem, environmental litigation system and mechanism, such as environment casereview system to protect environment in our country the establishment of the court.