The Application Of Interest Measurement Theory In Environmental Resource Trial In China

China's environmental resource trial is committed to solving the multiple conflicts of interest in environmental litigation through the collaborative trial mechanism,so as to promote the improvement of the ecological environment and meet the diverse judicial needs of the people.However,under the background of the new era,the trial of environmental resources faces certain difficulties and problems,which are mainly manifested as the mutual cover of environmental public interest and private interest,the incomplete measurement of interests,and the incompatibility of responsibility bearing methods.The reasons are that the specialized mechanism of environmental and resource trial is not perfect,the judicial protection of environmental public interest and private interest is not balanced,and the flexibility of law application is not enough,so the multiple interests in environmental litigation cannot be equally and justly protected.In order to make the environmental resource trial truly realize its goal,it needs to use a theoretical tool,and the interest measurement theory,as a legal methodology,is mostly applicable to difficult cases or cases with more complex interest relations,just in line with the environmental resource trial.Therefore,starting from the particularity of environmental resources,it is of great significance to apply the interest measurement theory to environmental resources trial and discuss the interest measurement in environmental resources trial to realize the coordination of multiple interests and promote the construction of ecological civilization.Looking at China's environmental and resource trials,at present,the protection of ecological interests is increasingly strengthened,the institutional system is increasingly perfect,and the concept of green justice is gradually implemented.However,at the macro level,the problem of interest imbalance is prominent due to the insufficient analysis of the environmental legal system from the perspective of interest equity and the insufficient dynamic coordination of environmental resource adjudication on the reasonable interest demands of different subjects.Analysis of environmental resources in recent years,the Supreme People's Court trial guiding cases can be found that widespread interest measure of thinking,interests to identify,measure as the essential part of trial of environmental resources,the essence of which is the embodiment of the interest measure theory,and the pursuit of interest measure theory result equity interest is the ultimate goal of environmental resources trial.In addition,the theory of interest measurement has a long history.After a vertical review,it emerged from the criticism of conceptual jurisprudence,went through utilitarianism jurisprudence,purpose jurisprudence and interest jurisprudence,and further developed in the United States,Japan and other countries.Now,various characteristic interest measurement theories have been formed in different countries.At the same time,the horizontal comparison of the essence and function evaluation of interest measurement theory,the transformation of ecological protection concept in China,the reform of legal system and supervision and guarantee mechanism all reflect the necessity and feasibility of applying interest measurement theory to environmental resource judgment.Therefore,the interest measurement theory is an objective need and an important theoretical tool to solve the current environmental resource judgment dilemma.Although the theory of interest measurement can effectively solve many problems that judges face in the trial of environmental resources,it is undeniable that it also has some hidden worries in its application,such as the influence of public opinion,the fuzzy standard of measurement,the lack of interpretation and so on.So,in order to overcome the limitations in order to realize the comprehensive coordination of interests,from the current environment resources of major interest relationship of the trial,the overall interests and local interests,the current interests and long-term interests,public interests and personal interests,economic benefits and ecological benefits,based on the current environment and resources present situation and characteristics of trial interest measure,with diverse interests as the foothold,the correlation of multiple interests should be placed in the same field,and a new integration mode of environmental resource judgment should be constructed with interest relevance as the link,which provides the premise and foundation for the rational application of interest measurement theory.Theory and method of use is dependent on the value of presupposition and method of construction,therefore,prevention and relief,the combination of case,proportion principle and so on measure principle and interest measurement procedures,methods,especially the interests overlap or conflict situation way problem clear and so on,in order to prevent abuse,ensure procedural justice provides the internal guidance.On the basis of internal structure construction,the improvement of external guarantee and restriction measures,such as regional cooperation in environmental resource trial,unified case measurement standard,supervision,inspection and measurement process and result,all become the guarantee for the benign operation of interest measurement theory.Therefore,the theory of interest measurement is a theoretical weapon to realize the balance of interests in environmental resource trial.The combination and application of the theory with environmental resource trial is of great significance to promote the construction of ecological civilization in China and to realize the harmonious coexistence between man and nature.