Legal Dilemma And Breakthrough Of Collaborative Management Of Environmental Judicature In Watersher

Watershed is a complex giant system formed by aggregation of multiple subsystems,which is systematic,mobile and complex related.The natural attributes of watershed itself determine the cross-domain nature of watershed environmental resources cases.However,under the current jurisdiction system corresponding to administrative divisions,there are usually jurisdiction competition and prevarication in the trial of cross-administrative regional cases,which leads to the difficulties in filing a case,investigating and obtaining evidence,finding facts and executing judgments in judicial practice,resulting in the loss of the original service and guarantee function of justice.Separated justice has become a major obstacle to deepening the coordinated governance of watershed environment.Seeking the length of wood will solidify its roots;If we seek water for a long time,we must strictly manage it.To govern the country,we must first control water and justice.Ensuring the effectiveness of watershed environmental governance by judicial means is an important support for promoting the legalization of ecological civilization,and the coordinated governance of watershed environmental justice is an important institutional response to promote the efficient resolution of watershed environmental disputes and the legalization of watershed environmental governance.At present,China’s watershed environmental judicial collaborative governance is still in the initial exploration stage,and some achievements have been made in exploring the construction of collaborative judicial cooperation mechanism,cross-regional centralized jurisdiction,centralized trial,etc.However,under the double squeeze of the lack of systematic legal norms and the limitations of regional jurisdiction,there are still some dilemmas in the practice of judicial collaborative governance,such as abnormal cooperation mechanism,insufficient judicial cross-trial synergy,and weak coordination between law enforcement and justice.To further deepen the judicial collaborative governance of watershed environment and give full play to the active service and guarantee role of judicial collaborative mechanism in watershed environmental governance,it is necessary to change the judicial concept,reconstruct the judicial collaborative governance framework of watershed environment under the guidance of system theory,synergy theory and stakeholder theory,based on the special attributes of watershed environment and from the perspective of overall protection.It is necessary to focus on legislative coordination and judicial trial assistance,improve the collaborative legislation of basin environmental justice,innovate the judicial cross-domain trial mode,and establish basin-based trial institutions,trial procedures and trial talents;We should build a normalized judicial cooperation mechanism,broaden the scope of cooperation subjects,work together to standardize cooperation contents,innovate cooperation methods,and promote the construction of cross-regional centralized jurisdiction mechanism and centralized trial mode of "multi-trial integration".At the same time,we should promote the reform of the judicial system of river basin environment,de-localize and de-administer.By changing the distribution of people,property and powers of judicial organs in the river basin,we should optimize the external environment of judicial collaborative governance,establish strict supervision and feedback mechanism and information sharing mechanism,strengthen the connection between administrative law enforcement and judicial work,and promote judicial collaboration to form a closed loop from filing investigation,examination and prosecution to trial and execution,thus creating a good and stable internal and external environment for cross-regional judicial collaborative governance of river basin environment.