我国环境资源审判专门化中的利益衡量

Interest Measurement in the Specialization of China s Environmental Resource Trial

随着环境资源审判专门化进程的推进,利益识别不全面、利益形态模糊、利益失衡等问题逐渐显现。与传统审判不同,环境资源审判中生态风险日益中心化,利益关系愈加繁杂,由此带来了利益调控与裁判客观性之间的分歧,利益衡量的功能价值可有效应对这一困境。然而,不可否认,利益衡量本身缺乏统一标准,在我国司法实践中其技术性问题也一直未得到改善。对此不妨在环境资源审判中,通过审判模式转型实现多元利益的同平台呈现,将利益对象类型化,以二元关系为基础,分类归纳、化繁为简,通过递进式方法细化衡量技术、优化衡量理念,结合规制措施提升衡量效能,实现责任的公平分配,进而满足环境资源领域多元利益需求。

With the advancement of the specialization process of environmental resource trials,problems such as incomplete identification of interests,ambiguous forms of interests,and unbalanced interests have gradually emerged.Different from traditional adjudication,ecological risks in environmental resource adjudication are increasingly centralized,and interest relationships are more complex,which brings about the discord between interest regulation and adjudication objectivity.The functional value of interest measurement can effectively deal with this dilemma.However,it is undeniable that the interest measurement itself lacks a unified standard.Combined with our judicial practice,its technical problems have not been improved.In this regard,in the environmental resource trial,the transformation of the trial mode can be used to realize the presentation of multiple interests on the same platform.The interest objects are classified into categories,based on the binary relationship,classified and summarized,and the complexity is simplified.Through a progressive method refinement measurement techniques,optimization of measurement concepts,combined with regulatory measures to improve measurement efficiency,to achieve a fair distribution of responsibilities,and to meet the needs of diverse interests in the field of environmental resources.