论中国环境资源审判庭的组建

Judgement Mechanism of China's Environmental and Resources Judicial Tribunal

2014年最高人民法院环境资源审判法庭的设立,正式确立了"三审合一"的环境资源审判机制。目前,中国虽然在积极推进各级法院系统分步、有序地建立环境资源审判庭,但是有关的外部和内部设计仍存在困境,需要在实践中不断地探索符合中国司法改革的外部诉讼机制和内部审判机制。于外,需要扩大诉讼主体和受案范围,建立环境行政公益诉讼;于内,需要合理设置审判机构,组建专业化审判团队,设计合理的审判程序。

As the setting up of the environment and resources judicial tribunal in the Supreme People＇s Court in 2014, the judgement mechanism of three tribunals to unite as one has formally established. At present, China is promoting the establishment of the court system step by step, but the relevant internal and external design still has trouble. We need to constantly explore the external suit mechanisms and internal trial mechanisms which fit to China＇s judicial reform of action in practice. On the external side, the subject of litigation and the case scope should be enlarged and the administrative public interest litigation should be established. On the internal side, judicial organ should be reasonable layout, professional judicial team should be organized, rational judicial procedure should also be designed.