我国环保法庭建设的困境及其化解的制度性思考

Thinking of the Dilemma and Solution of the Construction of China's Environmental Protection Court Systematically

改革开放以来,在经济迅猛发展的同时,环境问题日益严重,社会公众对环境司法救济的呼声越来越高。为此,各级司法机关尝试设立专门的环保法庭,受理了一些具有重大影响的环境公益诉讼案件,取得了一定的社会效果。但是,环保法庭也遇到了很多困难和挑战,如理论基础薄弱、法律依据不足、诉讼机制缺失等。制度建设的缺乏和不完善是导致环保法庭面临困境的深层根源。面对环境审判专业化的趋势,只有对环保法庭进行全方位、多层次的制度设计,建立专门的环境诉讼机制体系,才能从根本上促进环保法庭的发展。

Since the reform and opening up, with the rapid economic development, the environmental problems become increasingly serious, so the public demands to gain environmental judicial relief. Therefore, judicial organs at all levels set up special environmental court, accepted some environmental public interest litigation cases with significant impact, and achieved social effects in a certain degree. However, the court of environmental protection has also encountered many difficulties and challenges in practice, such as the weak theoretical foundation, the lack of legal basis, and the lack of lawsuit mechanism. The lack and imperfection of system construction are the underlying causes of the difficulties facing the court of environmental protection. Facing the trend of specialization of environment trial, only to carry out all-round, multi-level system design of the court of environmental protection, we can establish the special environmental litigation system to promote the development of the environmental protection court fundamentally.