论环境司法专门化的困境与途径

On the Difficulties and Ways of Environmental Judicial Specialization

近年来环境问题深受大众关注,有关环境类的诉讼案件也是越来越多。环境司法有其特殊性及复杂性,其有可能涉及民事诉讼、行政诉讼以及刑事诉讼,同时还可能会涉及实体法、程序法等多方面;此外其技术性较强,需要相关人员除了掌握法律知识以外还应掌握有关环境修复方面的知识等;以上这些有关环境司法的特殊性决定环境司法应走专门化司法道路,具备专门的环境司法机构,拥有专门化的环境司法审判观念、裁判标准等。因此,本文将从以下三个角度来分析环境司法专门化,通过对环境司法专门化的概念与主要要素的分析,指出现阶段环境司法专门化所面临的困境,通过研究与外国的对比与借鉴从而在实现路径层面提供解决困境的途径。

In recent years, environmental issues have received widespread attention, and there have been more and more litigation cases related to the environment. Environmental justice has its particularity and complexity, which may involve civil litigation, administrative litigation, and criminal litigation, as well as various aspects such as substantive law and procedural law;In addition, it is highly technical, requiring relevant personnel to master the knowledge of environmental remediation in addition to legal knowledge;The above particularity of environmental justice determines that environmental justice should take a specialized judicial path, have specialized environmental judicial institutions, and have specialized environmental judicial trial concepts and standards. Therefore, this article will analyze environmental judicial specialization from the following three perspectives. By analyzing the concept and main elements of environmental judicial specialization, it points out the difficulties faced by the current stage of environmental judicial specialization. By studying and comparing with foreign countries, it provides a way to solve the difficulties at the implementation path level.