冲突与进路:论完善生态环境损害司法鉴定机制的对策分析

Conflict and Approach: on the Practice of Perfecting the Forensic Identification System of Environment Damage

近年来,生态环境保护和修复的相关研究广泛,然而关于生态环境损害司法鉴定机制在司法实践中存在的现实问题,却并未受到足够重视。如生态环境损害司法鉴定机构数量少、鉴定周期长、鉴定费用高,司法部门与行政机关管理存在协调与衔接不畅,以及结论采用冲突等问题。藉此,本文结合生态环境损害司法鉴定相关的司法实践,从保障生态环境损害司法鉴定的合法性、公正性和独立性的角度入手,针对我国生态环境损害司法鉴定的启动程序、衔接机制、鉴定结论采用程序以及鉴定机构与人员的规范化管理等,探究完善生态环境损害司法鉴定机制的现实路径,以期对于破解我国当前存在的生态环境损害司法鉴定难题有所裨益。

In recent years, there have been extensive researches on environmental protection and restoration. However, the judicial practice regarding the judicial identification mechanism of environmental damage still exists, and has not received enough attention. For example, small and insufficient number of judicial appraisal institutions for ecological damage, long period of appraisal, as well as high appraisal cost.There are problems such as poor coordination and connection between judicial departments and administrative agencies, and some conflicts in the adoption of judicial appraisal conclusions to environmental damage. Based on these, this article, from the judicial practice related to judicial identification of ecological environmental damage and the perspective of ensuring the legality, impartiality and independence of judicial identification of environmental damage, discusses the judicial initiation procedure, connection mechanism and identification conclusion of judicial identification of ecological environmental damage. It further discusses the adoption procedures and the standardized management of appraisal institutions and personnel and etc. In this way, we can explore the practical path of perfecting the judicial identification mechanism of ecological environment damage, hoping to solve the current problems of judicial identification of ecological environment damage in China.