中国环境案件审判体制改革的法治逻辑反思

Legal Logic Reflection on China's Reform of the Judicial System of Environmental Cases

法治是形式法治与实质法治、法律正义与社会正义的结合,其最佳状态是法律指引与行为模式相一致。环境案件审判体制改革是由正当性理念推动的环境司法改革,对传统法治理念提出了新的要求,但改革的前提仍然是对法治基本原则的固守,不宜超越法治的底线。推动环境案件审判体制改革乃至环境司法改革,必须坚持法治逻辑,须处理好如下几种关系:以形式法治为原则,以实质法治为补充;以合法性为原则,以正当性为补充;以专业化为原则,以灵活性为补充;以法律正义为原则,以社会正义为补充;以被动司法为原则,以能动司法为补充。

The rule of law is the combination of formal law and substantial law,legal justice and social justice. The best state is consistent with legal guidance and behavior patterns. Environmental case trial system reform is the reform of environmental justice that is promoted by the concept of legitimacy,and it puts forward new requirements to the traditional concept of the rule of law,but the premise of the reform is still sticking to the fundamental principles of the rule of law,and the rule of law should not be beyond the bottom line.To promote reform of the judicial system and the environment environmental cases of judicial reform,we must uphold the rule of logic,handle well the following relationship: taking the form of the rule of law as the principle,the substantive rule of law as supplement; taking legitimacy as the principle,justification as supplement; taking professinalization as principle,flexibility as supplement; legal justice as the principle,social justice as supplement,etc.