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Research On Reform For "9+1" Mechanism Of Environmental Resources Trial In Jiangsu

Posted on:2022-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:X C SongFull Text:PDF
GTID:2480306614465484Subject:Administrative Law and Local Legal System
Abstract/Summary:
In recent years,the pressure brought by the continuous and in-depth promotion of ecological environmental protection to the judicial practice of environmental resources is increasing,and the demand standard for the judicial safeguard of environmental resources to promote the construction of ecological civilization and implement the concept of green development is also constantly improving.Therefore,it is necessary to carry out reform of environmental resources trial mechanism more deeply,and the original intention of this reform is to try to solve the systemic problems exposed in the process of environmental resources judicial practice,so as to further improve the quality and efficiency for the operation of environmental resources trial mechanism.Among them,a more typical representative is the reform attempt for "9+1" mechanism of environmental resources trial in Jiangsu.In the light of the operation condition of the mechanism,"9+1" mechanism has obvious advantages in the aspects such as implementing the concept of restorative justice,ensuring the uniform implementation of laws,improving the level of judicial professionalism and judicial credibility,and realizing the modernization of ecological environment governance ability level,however,there are still many problems in the design and operation of the mechanism.Therefore,the analysis for the overall approach of environmental resources trial mechanism reform was taken as starting point in this paper to fully demonstrate the particularity of environmental resources trial and the necessity and feasibility of mechanism reform;Then,the mode and operation actuality of "9+1"mechanism were described in detail;Finally,aspects such as the theory of power operation,authorization of professional procedures,the setting of court institutions,the mechanism of collaboration and linkage and the construction of trial team were highlighted to make an in-depth reflection on the problems existing in the reform of "9+1" mechanism.The practical improvement solution is deduced to guide the further deepening.of "9+1"mechanism reform by fully showing the problems exposed in the "9+1" mechanism reform and combining with the analysis for the overall approach of the reform.In this paper,it was suggested that the operation mechanism of cross-domain judicial power should be further improved at first to deepen the "9+1" mechanism reform,which is the theoretical starting point of the environmental resources trial mechanism reform,and to specifically implement the legal authorization of supporting legislation and judicial methods on this basis.Secondly,it is required to expand the attempts scope on the improvement and optimization of institution setting and the mechanism of collaboration and linkage,and promote the implementation of reform design from the inside to the outside.Finally,it is required to fully prevent the impact of new types of judicial corruption on the achievements of mechanism reform,and simultaneously make long-term investment in the orderly development of professional judicial teams.In this way,the environmental resources trial mechanism reform can be promoted more deeply and comprehensively and the environmental resources trial function can be fully exerted,with more judicial power contributed to the building of a beautiful China.
Keywords/Search Tags:environmental and resource justice, trial mechanism, mechanism reform, improvement solution
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