The Trial Model Of Chinese Environmental Courts Research

Specialized environmental court is to hear environmental cases to court, it is a major system in China in response to the growing number of environmental cases and the introduction of innovations. Fundamentally, environmental protection institution aimed at achieving environmental court case to specialization, efficiency and fairness. Unfortunately, the use of "three trial one" model of environmental courts, because of the specific design of the system deviation, resulting in environmental court threefold objective fall. How to adhere to the "three trial one" mode without changing the general direction of China’s environmental protection tribunal diagnosis and treatment in order to ensure the realization of the goal of environmental courts formed, will be a major issue between academia and practitioners have to face. Based on the scientific determination of the basic meaning of the environmental courts, combing the scholars on the environmental court battle mode and in our practice, and specialization, efficiency and fairness to the standard view of the "three trial one" Trial Mode malpractice, and finally learn the successful experience of extraterritorial basis proposed improve our environmental courts "three trial one" trial Mode comments and suggestions.This paper clarifies the background, research review, research purpose and research significance.The first part of the trial mode of environmental courts and Practice in China. Environmental research trial mode you want to set up practice of environmental courts as the premise, from the introduction of what is to elicit the connotation of green environmental court trial mode, cited in academia different views on the focus of the trial mode, and in Guizhou Province, Jiangsu the overall situation of the province within the environmental court, Yunnan, etc. to reflect the country’s environmental court practice mode operation, from theory to practice, a concentrated trial mode for the environment the importance of judicial specialization.The second part of environmental courts "three trial one" Trial Mode defect analysis. Whether theory or practice, "three trial one" trial mode is more suitable for China’s specific conditions. Our intention is to achieve the establishment of environmental courts to hear environmental cases specialized judicial efficiency and fairness, but in the actual operation of the process, the lack of relevant legal system, leading to these goals and not achieved, this part of the analysis of the "three trial one "problems in trial mode.The third part, related to the trial court from abroad Environment Patterns. This paper selects the Vermont Environmental Court and the Australian state of New South Wales Land and Environment Court, represented by two court specialized in environmental justice process have some common experiences that we can learn, for example, environmental justice specialized in legal status environment Court focused on the environment and administrative cases.The fourth part, initial ideas to improve our environmental trial mode. Green courtroom mode should first have in our environment, clearly defined legal system, so that it has a legitimate legal status, to achieve environmental justice specialized environmental courts goals. Second, the ability of judges to determine the fairness and efficiency of case hearing, therefore, environmentally friendly professional environment should be configured court judges and related environmental professionals.