Study On The Jurisdiction System Of Environmental Resource Cases

With the construction of ecological civilization rising as a national strategy,in order to achieve the goal of "Beautiful China",various regions have carried out rectification of environmental pollution and crackdowns on environmental crimes.In this process,a clear judicial jurisdiction system is the beginning of litigation activities and is crucial to ensure the fairness of judicial activities.Therefore,it is necessary to strengthen the judicial application of environmental resource cases.Based on the legislation and judicial status quo of environmental resource cases jurisdiction,as well as the theoretical achievements of environmental judicial specialization,this article intends to analyze and study the jurisdictional issues of environmental resource cases and propose relevant suggestions for improving the jurisdictional system of environmental resource cases.The article is divided into five parts,the first part,discusses the essentials of environmental resources case jurisdiction system.After clarifying the basic elements of the jurisdiction system,the paper analyzes the positioning of the jurisdiction system of environmental resource cases formed based on the characteristics of environmental resource cases,and makes clear that under this positioning,the jurisdiction of environmental resource cases must realize specialization,and then introduces the theory of environmental judicial specialization on the theoretical basis of perfecting the jurisdiction system.The second part introduces the status quo of environmental resource case jurisdiction.Based on the legal text and judicial status quo,this paper summarizes the current jurisdiction status of environmental resource cases and reveals the shortcomings of the current jurisdiction system in legislation and justice.The third part analyzes the concrete problems in the process of managing environmental resource cases.Combining with the status quo of environmental resource cases,this paper analyzes the specific problems existing in the system of environmental resource cases jurisdiction and its cause.It mainly includes the lack of legal basis,the unclear scope of accepting cases,the defects of jurisdiction mode,and the violation of the basic principles of jurisdiction.It can be seen that the urgency of environmental problems leads to the rough construction of relevant systems,and it is urgent to establish a clear jurisdiction system.The fourth part introduces the jurisdiction system of extraterritorial environmental resource cases.According to the existing problems of the jurisdiction system of environmental resource cases of our country,the article discusses the practice of several COUNTRIES such as Australia,THE United States,Sweden and India in the field of environmental judicatory SPECIALIZATION in the perspective of comparative LAW,and learn from their advanced experiences to improve the construction of the jurisdiction SYSTEM of environmental resource cases of our country.In the fifth part,the author puts forward some suggestions to perfect the system of environmental resource case administration.According to the actuality of environmental judicature,this paper analyzes the appropriate status of our system of jurisdiction over environmental resources cases and puts forward some relevant suggestions.The jurisdiction system of environmental resource cases should be established on the basis of special legal system of environmental litigation,stipulating the scope of concentrated jurisdiction of environmental resource cases,and implementing trans-regional centralized jurisdiction for environmental resource cases in this scope,following the principle of "convenience" of jurisdiction in this process.This paper defines that centralized jurisdiction should be used as the jurisdiction mode of environmental resource cases at the present stage,and relies on the theoretical achievements of environmental judicial specialization to improve the jurisdiction system of environmental resource cases.Because it is more in line with the characteristics of environmental problems,it can make up for the shortcomings of traditional judicial mechanism in environmental case hearing,so as to solve environmental disputes.We will provide better institutional support for the protection of environmental rights and interests.