An Empirical Study On Environmental Tort Litigation Of Marine Products In China

With the rapid economic development,rapid population growth,and the gradual improvement of social industrialization,more and more industrial wastes and domestic garbage are threatening the environmental safety of agricultural products,which in turn affects food safety and national health.In a speech at the 2016 National Health and Sanitation Conference,General Secretary Xi Jinping pointed out: "Improve the food safety system,strengthen food safety supervision,and strictly control every line of defense from farmland to the table." After entering the 21 st century,marine ecosystems have become important The continuous development and utilization of material resources by humans has gradually increased the pollution of the marine environment,and the number of environmental infringement lawsuits for seafood has also increased.This study sorts out marine product environmental infringement cases from 2004 to 2020.Taking 126 marine product environmental infringement cases as a sample,it is found that in judicial practice,marine product environmental infringement cases have a narrow scope and the plaintiff’s litigation qualifications are controversial.Problems such as large scale,difficulty in obtaining adequate compensation for damage to the ecological environment,inconsistent distribution standards for the burden of proof,and high acceptance rate of appraisal opinions.The reasons for the above problems are: the increasing number of new pollutants and the incomplete environmental infringement litigation rules for seafood,Marine product environmental infringement litigation procedures are not smoothly connected,judicial personnel need to improve the trial ability,and the judicial identification system for marine product environmental infringement is not yet complete.In this regard,this research proposes the following ways to improve: first,to moderately expand the scope of environmental infringement lawsuits for seafood;second,to improve the rules of environmental tort litigation for seafood;third,to strengthen the convergence of marine product environmental tort litigation procedures;fourth,Improve the judicial ability of judicial personnel;fifth,improve the judicial identification system for environmental infringement of seafood.