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An Empirical Study On The Specialization Of Environmental Justice

Posted on:2020-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z RenFull Text:PDF
GTID:2381330626451516Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,with the rapid development of China’s social economy and people’s demands for quality of life,environmental issues have become increasingly prominent.Especially since the 18 th National Congress,the construction of ecological civilization has been raised to the national strategic level,emphasizing the need to establish a systematic and complete ecological civilization system,and use the system to protect the ecological environment.The practical experience at home and abroad shows that the judiciary has an irreplaceable important role in the field of environmental protection and resource protection.The professionalization of environmental justice is the essential requirement of environmental justice,and it also constitutes an important part of judicial reform in China in recent years.In January 2016,the Xi’an Railway Transportation Court was designated as the first batch of pilot projects across the country to conduct environmental administrative resources in the jurisdiction of Xi’an,and the trial of environmental civil,environmental administrative and environmental criminal cases was concentrated in a court of three trials.A trial mode.This paper makes a more in-depth empirical investigation of the actual operation of the Xi’an Railway Transportation Court Environmental Resources Trial Chamber(hereinafter referred to as the “West Rail Court Capital Court”),as well as an in-depth analysis of the experience and problems gained during its operation.Compared with theoperating experience of similar foreign courts,it aims to provide useful countermeasures for the continuous improvement of China’s environmental resources court.Around the above content,this paper discusses the following aspects: Firstly,it theoretically combs the process of the specialization of environmental justice in China to promote the development of environmental courts.Serious environmental problems promote the construction of environmental rule of law,and the construction of environmental rule of law requires specialization of environmental justice.The concept of environmental justice specialization constitutes the internal driving force for promoting the emergence and development of environmental courts.Secondly,it empirically examines the operation status of the West Railway Court Environmental Court and analyzes the problems it has gained in its good experience and practice.Through investigations,observations,interviews,etc,the actual operation of the Court of the West Court of the Court in the court setting,organizational structure,case and jurisdiction,and trial mode was investigated.The concept of environmental justice in the West Rail Court was analyzed.It has guided the practice of trials,adhered to the concept of active judicial,promoted the participation of experts,and promoted the environmental justice linkage mechanism,as well as problems in the field of external technical support,working mechanisms,litigation procedures,and judicial identification of environmental cases.Then compare the practical experience of the foreign environmental court(court).Finally,from the convenience of the environmental court trial,the specialization of the trial mechanism,the operability of the trial procedure,the clarification of the case guidance and incentive mechanism,the refinement of the case execution return system and the specialization of the environmental identification mechanism suggestions to promote the specialization of environmental courts in China.
Keywords/Search Tags:environmental justice specialization, environmental court, three trials one, cross-administrative division centralized jurisdiction
PDF Full Text Request
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