Study On Specialization Of Environmental Litigation Procedure

Environmental litigation is different from the traditional types of civil litigation,administrative litigation and criminal litigation.It has the characteristics of public welfare,cross administrative division,science and technology,long-term and latency that the traditional types of litigation do not have.In order to solve the trial problem of environmental litigation,a special trial institution system of environmental resources represented by the environmental protection court has been established all over the country,which has solved the basic problem of environmental litigation.The procedure applicable to environmental litigation is still the relevant procedure stipulated by the current civil procedure law,administrative procedure law and criminal procedure law.The three procedural laws are relatively independent from each other,and can not cope with the special attributes of environmental litigation.The environmental protection court uses three procedural laws to try environmental litigation,which can not achieve efficient trial of environmental litigation.In order to better solve the trial problem of environmental litigation,we must build specialized environmental litigation procedures.The construction of specialized environmental litigation procedure should be guided by solving the problems existing in the three traditional procedural laws in dealing with the special attributes of environmental litigation,focusing on the analysis of the breakthroughs and problems of traditional litigation procedure in solving the trial problems of environmental litigation in the macro aspect,and putting forward the corresponding solutions,focusing on the analysis of the multi-level defects of environmental litigation procedure in the micro aspect And put forward corresponding solutions.Starting from the research of the problems existing in the environmental public interest litigation procedure,the difficulties faced by the environmental criminal incidental civil public interest litigation procedure and the defects existing in the ecological environmental damage compensation litigation,this paper puts forward the construction of the connection procedure between the environmental public interest litigation and the environmental private interest litigation,the design of a complete pre litigation procedure of the criminal incidental civil public interest litigation,and the construction of the environmental criminal incidental civil public interest litigation The system of burden of proof distribution and standard of proof in litigation,and the solution of establishing the effective linking procedure of ecological environmental damage compensation litigation and environmental public interest litigation.From the microcosmic point of view,this paper analyzes the qualification of environmental litigation plaintiff,the jurisdiction system of environmental litigation,the lack of specialization of environmental litigation trial organization,the distribution system of burden of proof in environmental litigation and the cost distribution system of environmental litigation,and puts forward to endow individual environmental public interest litigation with litigation qualification,build a national unified cross administrative jurisdiction system of environmental litigation We should perfect the specialized environmental litigation trial organization,set up the inversion system of the limited burden of proof in environmental litigation and create the reasonable cost distribution system of environmental litigation.