Study On Judicial Authentication System Of Environmental Damage

In recent years,China's environmental problems have become increasingly serious.Environmental pollution and ecological destruction have been alarming.People's rights awareness has gradually increased,and the number of environmental dispute cases that have arisen has grown rapidly.In order to ease the pressure on the case and focus on various types of environmental cases,specialized environmental protection courts have been set up one after another.However,victims of environmental damage resorted to the law,and the actual situation of defending legitimate rights and interests through litigation is still relatively rare.One of the important reasons is that environmental damage cases have their own complexity and particularity,making it difficult for judges who do not have professional knowledge and professional skills to rely on themselves to correctly identify the facts of the case.This requires that forensic institutions and appraisers have a certain degree of certainty.Professional knowledge,but judging from the status quo,China's system of environmental damage judiciary authentication still belongs to the initial stage,and academic research results are relatively scarce.In practice,environmental damage cases generally have difficulty in filing cases,proofs,compensation,and responsibility determination.For environmental dispute cases,environmental damage forensic identification as an important part of the litigation helps to clarify the facts of the case and resolve the focus issues in environmental litigation.In order to better carry out environmental protection work,more effectively protect the environment and promote sustainable economic development,it is very necessary to improve the environmental damage judicial appraisal system,which is also an important measure to promote our country's legal system.Therefore,this paper analyzes and summarizes the status quo of China's environmental damage juridical appraisal system,refers to the existence of problems,and then draws on the mature experience of foreign developed countries,and puts forward sound suggestions for problems.This article is divided into three parts: introduction,body and conclusion.The introductory part is mainly to ask questions,and explain the theoretical and practical significance of the research background and topic selection,and briefly expound the research status of environmental damage judiciary appraisal at home and abroad.The main part is mainly based on theoretical analysis,raising questions,and improvingthe logical structure of proposals.The first part is an overview of the basic theory of the environmental damage judiciary system.In accordance with logical order,the author expounded the environmental damages,environmental damage judiciary appraisal and environmental damage judiciary appraisal system,and emphasized the importance of perfecting the environmental damage judiciary appraisal system.The second part is about the status quo and existing legal issues of the environmental damage judicial appraisal system.The current situation is specifically analyzed from the aspects of legislation,environmental damage assessment agencies,and technical standards.Then,according to the status quo,the existing legal issues are analyzed from the legal system,system content,fund guarantee and expert library management system.The specific issues include: imperfect laws and regulations on environmental damage forensic appraisal;insufficient number of appraisal subjects;limited scope of appraisal;lack of financial guarantee mechanisms;The third part is the empirical analysis of the evaluation system of environmental damage appraisal in extraterritorial countries,combined with the actual situation in China,the three aspects of the legal system,appraisal and evaluation technical standards and financial guarantees are referenced to the external results of China's environmental damage judicial appraisal system.The fourth part is the specific and feasible suggestions for the second part of the text.The second part and this part are the focus of the full text.