Research On Judicial Application Of Environmental Damage Appraisal And Evaluation

Environmental damage appraisal and evaluation is an auxiliary activity to help function environmental laws. It has become the key sector to ensure environmental damage indemnify. This article is meant to give improving suggestion on judicial application of environmental damage appraisal and evaluation about its legal regulation ensuring mechanism, combination mechanism with current institution, the improving of its judicial credibility and the strengthening of its judicial supervising system, etc, through the concluding and analyzing of our nation’s practical experience on environmental damage appraisal and evaluation.Except for the introduction paragraph, this article follows the logical reasoning as “phenomena—problems--suggestions”, and is therefore divided into three parts. The first part is mainly about the conclusion and description of the current condition; the second part is mainly researching on some typical problems against this issue; and the last part is to give specific corresponding suggestions directing the problems mentioned above.The first part concludes the current condition of judicial application of environmental damage appraisal and evaluation. the practical operation of environmental damage appraisal and evaluation and its judicial application of our nation is introduced in four sectors in this part. In the first sector, “environmental damage”, “environmental damage appraisal and evaluation”, “judicial application of environmental damage appraisal and evaluation” and phrases as such are defined layer by layer, from inside out. The second sector contains comparison and analysis of the classification and characteristics of the main institutions related in current China. The third sector describes environmental damage appraisal and evaluation step by step according to the basic needs of the four judicial procedure including startup, research and proof gathering, cross-examination and confirmation. The last sector analyzes the function of environmental damage appraisal and evaluation in practical environmental judicial activities when it comes to the responsibility confirmation of environmental damage.The second part is mainly about some typical problems against the main issue. In this essay, the typical problems focusing on the difficulty of environmental damage appraisal and evaluation during its judicial application are concentrated on four sectors. The first concern is that the ensuring mechanism on environmental damage appraisal and evaluation is unhealthy yet, lacking unitary technical and procedure standards. The second concern says environmental damage appraisal and evaluation is not yet confirmed, and in need of abutment with current judicial system. The third concern mentions that the opinion from environmental damage appraisal and evaluation may be easily questioned by public on judicial credibility, and that may influence environmental judicial justice. The last concern is about the lack of judicial supervising system on environmental damage appraisal and evaluation.The last part gives out the improving suggestion of judicial application of environmental damage appraisal and evaluation. This part is the last and the most important of the whole essay, mainly focusing on the problems showing in the second part, to give out specific and reasonable advice. Improvements that should be done are offered in the essay as follows. First of all, the ensuring mechanism should be improved via technical and procedure standards. Secondly, the judicial system should strengthen the managing system of environmental damage appraisal and evaluation; clarify the intelligence necessity for crew in related institutions; build up cooperating mechanism between environmental administrative organs and judicial branch; and practice the judicial assistant system on environmental damage appraisal and evaluation fees. Thirdly, the judicial system should arise the judicial credibility of opinions given by these institutions; arise the specialized level of the courts’ review upon these opinions; judicial personnel should value the reasoning of judgment documents; environmental courts can cite the appraiser in court system and the auxiliary expert system appropriately and clarify the operating principle when opinions from environmental damage appraisal and evaluation conflict with each other. Last but not least, the judicial system should build up judicial supervising system of environmental damage appraisal and evaluation; strengthen the responsibility sense of environmental damage appraisal and evaluation institutions and crew in them and build up the dynamical management and quit mechanism of environmental damage appraisal and evaluation.