“法治中国”背景下的环保法庭制度探究

The Research of Environmental Courts System under the Background of “China Ruled by Law”

自从中共召开十八大以来,习近平总书记就建设"法治中国"作出了一系列重要指示和讲话。在这些指示和讲话中,明确提出了建设"法治中国"的新目标、新路径、新方针和新方法。目前我国正处于社会转型和改革攻坚的关键时期,在日新月异的同时也必然伴随着许多问题和矛盾。近年来我国环境资源类案件的总体数量在不断增加,中国各级司法机关开始尝试设立专门审理环境案件的环保法庭,且取得了较为良好的法律效果和社会效果,但是因法律依据之缺乏、环境案源之失衡、受案范围之过窄、公益诉讼之受阻、审判管辖之滞后、证据判断之偏差等现实存在的困境,我国环保法庭的发展受到了很大的阻碍。因此,必须从各主体、各角度、各方面来完善我国现行的环保法庭制度。

Since the 18th national conference of the communist party of China, general secretary, Xi Jinping, has made a series of important instructions and comments on the building of ＂China ruled by law＂. In these in- structions and speeches, the new targets, new routes and new policies have been clearly put forward for the con- struction of ＂China ruled by law＂. Our country is in a crucial key period of social transformation and reform at present, inevitably, many problems and contradictions must be accompanied with the time of changing. In recent years, the overall number of cases about environmental resources in China increased continuously, China＇ s judicial organs at all levels start the attempts to set up the courts specializing in eases involving environmental protection, which achieved a relatively good legal and social effect. But because of the practical difficulties such as lacking le- gal basis, environmental imbalances, narrow scope of accepting cases, blocked public interest litigations, trial ju- risdiction lagging behind and the deviation of evidence judgment, the development of China＇ s environmental courts has been hampered. Therefore, the system of the current environmental courts in our country must be perfected from the perspectives of each subject and various aspects.