国外环境法院制度及其对我国的启示——以澳大利亚新南威尔士州土地环境法院为例

Institution of foreign environment court and its revelation to China:a case of land and environment court of New South Wales of Australia

作为世界上第一家环境法院,澳大利亚新南威尔士州土地环境法院是包括中国在内的各国环境法院学习和研究的先例。经过三十几年的实践,其土地环境法院的各项制度都已经发展得比较完备,如综合性管辖权、替代纠纷解决机制、法院专家制度等。目前,我国虽有环境审判庭出现,但远没有发挥其应有作用。以澳大利亚新南威尔士州土地环境法院为例,介绍该法院的设立背景、相关制度和经验,以期对我国环境法庭今后的发展有所裨益。

As the first environment court in the world, the land and environment court of New South Wales of Australia provides a studying and researching example for environment courts in other countries including China. After more than 30 years of practice, various rules of the land and environment court have been developed very well, such as the comprehensive jurisdiction, alternative dispute resolution mechanism, court expert institution, etc. Though there appears environment court in China, but its proper function has not fully exerted yet. Case study is produced on the land and environment court of New South Wales of Australia, the instauration background, related institution and experience of it are introduced, in order to benefit the future development of environment court in China.