Discuss The Specialization And Perfection Of Environmental Justice

The incorporation of ecological civilization into the constitution has put forward new requirements for environmental governance in China.Under the previous environmental protection mode of "emphasizing administration over judicature",China’s environmental problems are still severe.At the same time,with the deepening of the society’s theoretical cognition of environmental rights and environmental claims,the public began to resort to the judicature of environmental cases to safeguard environmental rights and interests and realize environmental justice.However,the traditional trial mode can’t effectively deal with the complicated environmental cases,so the specialization of environmental justice is put on the agenda and widely implemented in China.From the perspective of practical results,the specialization of environmental justice conforms to the characteristics of environmental cases,highlighting the special value of environmental justice specialization in terms of investigating the legal responsibility of environmental offenders,preventing ecological environmental pollution and repairing damaged environment.This paper first describes the background of the specialization of environmental judicature and explains the urgency of the specialization of environmental judicature.On this basis,this paper has sorted out the basic connotation of the specialization of environmental justice in China from the broad and narrow sense and Identify the basic components.Then this paper expounds the theoretical basis of the specialization of environmental justice from three dimensions of collaborative governance,environmental rights and judicial activism.At the same time,combining with the value of environmental judicial specialization in dealing with environmental disputes,this paper fully proves the rationality and necessity of environmental judicial specialization.The second part of the article mainly carries on the systematic analysis on the normative basis of promoting the specialization of environmental justice.The legitimacy of system construction is the basic requirement of rule of law construction.Therefore,it is particularly important to make normative analysis on the specialization of environmental justice.This chapter mainly from the constitution basis,the legal basis and the local standard basis three levels.At the same time,this paper carries out normative analysis from the perspective of the establishment of special environmental trial institution and environmental litigation procedure.From the constitutional to the legal level,there is a relatively sufficient legal basis for the establishment of a special environmental trial institution.However,in terms of the specific scope,jurisdiction,confirmation of facts,execution of judgments and other procedures of environmental trial institution,this paper can only find local normative documents as the procedural basis.Therefore,it is lack of effective,unified legal norms to support.Therefore,it is necessary to perfect the procedural provisions on the specialization of environmental justice in time.The third part of the article from the empirical point of view,from the appearance of the establishment of the trial institution,the disposition of the trial team to the deeper level of the environmental trial institution of the judicial practice,from the surface to the inside to introduce.In the process of promoting the specialization of environmental judicature,regional environmental resource judicature institutions have given full play to the spirit of judicial innovation and the concept of environmental judicature in specific environmental judicature and enforcement measures,which have promoted the maintenance and improvement of ecological environment.At the same time,this paper also sees the environmental justice specialization problems.The last part of the article gives a response to the above questions.This paper puts forward some Suggestions from three aspects: perfecting the normative basis of the specialization of environmental judicature,strengthening the construction of the trial team and the trial institution system,and constructing the trial mode of three trials in one.At the same time,it is necessary to construct the mechanism of multi-subject co-governance.