The Realistic Predicament And Breakthrough Of The Environmental Protection Court In China With "Many Courts And Few Cases"

The environmental problem has always been a common problem facing all mankind,which concerns the stability of society and the sustainable development of economy.With the rapid development of economy,our environmental situation is becoming more and more seriously,"Haze head hard","Thick DE load fog",the emergence of these new network nouns are stimulating people’s nerves all the time.There are a variety of ways to solve environmental disputes and diversity,but the environmental judicial remedy,which as a weapon of the most authoritative and powerful,has become increasingly powerless and unable to meet the needs of environmental cases’ complexity and particularity.The establishment of environmental court is conducive to the professional trial and improving the quality,efficiency of environmental cases,is conducive to unifying environmental cases’ trial and referee standards,increasing the deterrence of environmental violations.It is always conducive to promoting the practice development of Environmental Justice specialization.Environmental court of Qingzhen City in Guizhou province established in 2007,which has became China’s first truly environmental protection court,but their establishment did not play the role as people expected,but into a "many courts and fewer cases" predicament.As an important barrier of environmental pollution,the above situation not only weakened public’s identity on the establishment of environmental court,more likely to cause the waste of human property and judicial resources,and is not conducive to promoting the environmental protection work.Therefore,it’s very important to solve this problem for the long-term development of ours environmental court.This thesis consists of four parts:The first part mainly introduces the development and problems of environmental court in China.By enumerating the case of environmental court cases to point out the most important problem in the operation of our environmental court is that there are few cases.The second part,analyze the causes of the dilemma of "more courts and fewer cases"in China’s environmental court comprehensively from the scope of the case,environmental public interest litigation,the establishment of environmental court and other aspects to easy to "identify the lesion" on the basis of "the right medicine."The third part,take the example of Australia,the United States and Sweden,this paper introduces their ripe system operation,and summed up the experience that has something to learn for us.The fourth part,combined with our actual situation,put forward a solution to the environmental courts’ dilemma from the expansion of environmental courts’ scope,unifying acceptance of the standard,improving the environmental public interest litigation system and citizens’ environmental awareness,setting up environmental court reasonably and orderly,improving the professional level of judges and so on.I hope to provide new ideas for the development of environmental courts through the above measures.