Research On Judicial Cooperation Mechanism Of Ecological Environment In The Yellow River Basin

The judicial cooperation of ecological environment in the Yellow River Basin is an important part of the construction of ecological civilization in the basin.The judicial cooperation framework agreement,joint meeting,information sharing and other mechanisms in the environmental judicial cooperation in the Yellow River Basin are under the double siege of system and practice,such as the "fuzziness" of legal nature,the "empty generalization" of cooperation content,and the imperfect guarantee mechanism.The breadth and depth of cooperation need to be expanded.This leads to the lack of the enforce ability of River Basin Environmental judicial cooperation,so that the effect of cooperative governance is not good,and it is difficult to really play the due guarantee role of justice.To promote the judicial cooperation of ecological environment in the Yellow River Basin and realize the real cooperative governance,we need to break through the traditional concept of divided governance of administrative divisions.On the basis of learning from the judicial cooperation of the Yangtze River Basin and Beijing Tianjin Hebei region in China,and based on the consensus of basin integrity and systematic governance,we need to build a cooperative mechanism of "whole basin" environmental judicial integration of the Yellow River.Firstly,starting from the principles of integrated governance of ecological environment,coordinated governance of ecological environment and cross regional governance of ecological environment,build a judicial cooperation mechanism in which the environmental judicial framework agreement and joint meeting in the Yellow River Basin complement each other,clarify the legal nature of the judicial framework agreement and joint meeting,promote the concretization of the cooperation content,and make it truly enforceable.Secondly,classify the eco-environmental cases in the Yellow River Basin.For general cases,the nine provincial courts in the Yellow River Basin sign a unified judicial framework agreement,unify the filing standards,trial standards,execution cooperation,etc;For major environmental cases of ecological environment in the Yellow River Basin,the judicial joint meeting shall discuss and solve them,and clarify the consultation rules and supervision system of the specific joint meeting to make it specific and enforceable.Finally,establish an integrated information sharing platform to ensure the environmental justice framework agreement and joint meeting,and provide material guarantee for the smooth implementation of the environmental justice framework agreement and joint meeting in the Yellow River Basin through the establishment of information providers,shared information content and feedback mechanism.In order to ensure the realization of eco-environmental judicial cooperation in the Yellow River Basin,it is suggested that the Supreme People’s court formulate the judicial interpretation on environmental judicial cooperation in the Yellow River Basin,which mainly focuses on the detailed provisions of judicial framework agreement,joint meeting and information sharing,so as to make up for the congenital deficiency of lack of legal support for eco-environmental judicial cooperation in the Yellow River Basin.To sum up,the Yellow River Basin is regarded as a whole,and nine provinces are linked to establish an integrated and standardized environmental judicial cooperation mechanism to promote the formation of cross regional ecological and environmental governance pattern in the Yellow River Basin and escort the ecological protection and high-quality development of the Yellow River Basin.