我国环境保护审判庭体制研究

发布时间：2018-04-15 04:32

本文选题：环境审判庭 + 环境保护　；参考：《郑州大学》2011年硕士论文

【摘要】：随着社会经济的发展,我国环境问题日渐突出,人们对环境问题也更加重视,致使因环境问题引发的纠纷日益增多。在我国,涉及环境问题的纠纷一般都通过环境保护行政主管部门解决,很少进入司法程序。近几年来,围绕着环境保护这一时代主体,为及时有效地解决因环境问题引发的社会矛盾和纠纷,我国在环境纠纷专门审判组织的设立方面进行了积极探索和实践,理论界和实务界也对设立环境保护专门审判组织进行了探讨和思考。在理论界,虽然多数专家学者对设立环境保护审判庭还存在质疑并提出了很多问题,但这些问题大多是针对环境保护审判庭设立后的运作及其与审判体制和其他法律制度的协调等方面,而对于环境保护专门审判组织的设立与否问题,多数专家学者对此都给予肯定。在实践中,我国某些地方已经设立的环境审判法庭虽然还存在诸多问题等待解决,但无可否认的是,环境审判法庭的设立在解决环境纠纷、从根本上加强环境事故责任追究、解决行政效力不足、促进环境司法的强化与优化等方面起到了重要作用,具有对其进行推广的必要性和可行性。本文通过对我国环境保护专门审判组织设立实践的详细介绍,进一步指出了我国设立环境保护专门审判组织在理论上和实践中所存在的困境,并从环境审判庭的设立与我国审判组织体制的协调、环境审判庭的设立与其配套法律制度的完善以及设立环境审判庭的其他特殊要求三方面对我国环境保护专门审判组织的设立提出了可行性建议,以便真正实现我国环境问题的司法化救济,使环境保护专门审判组织发挥其应有的积极作用。
[Abstract]:With the development of social economy, environmental problems are becoming more and more prominent in our country, and people pay more attention to them, which leads to more and more disputes caused by environmental problems.In China, disputes involving environmental issues are generally resolved by the administrative department of environmental protection, and rarely enter the judicial process.In recent years, in order to solve the social conflicts and disputes caused by environmental problems in a timely and effective manner, China has been actively exploring and practicing the establishment of special adjudication organizations for environmental disputes, around the main body of the times, environmental protection, and in order to solve the social contradictions and disputes caused by environmental problems in a timely and effective manner.Theorists and practitioners also discussed and pondered the establishment of a special trial organization for environmental protection.In the theoretical circle, although most experts and scholars still have doubts about the establishment of an environmental protection trial chamber and have raised a lot of questions,However, most of these issues focus on the operation of the Environmental Protection Chamber after its establishment and its coordination with the judicial system and other legal systems, and on the establishment of a specialized trial organization for environmental protection.Most experts and scholars give affirmation to this.In practice, although there are still many problems to be solved in the environmental trial courts that have been established in some parts of our country, it is undeniable that the establishment of the environmental trial courts is aimed at resolving environmental disputes and fundamentally strengthening the accountability for environmental accidents.It has played an important role in solving the shortage of administrative effectiveness and promoting the strengthening and optimization of environmental justice, and has the necessity and feasibility of popularizing it.Through a detailed introduction to the practice of setting up a special trial organization for environmental protection in China, this paper further points out the difficulties existing in the establishment of a special trial organization for environmental protection in China, both in theory and in practice.And from the establishment of the Environmental trial Chamber and the coordination of our country's trial organization system,The establishment of the environmental court and the perfection of its supporting legal system, as well as the other special requirements for the establishment of the environmental tribunal, put forward some feasible suggestions for the establishment of the special environmental protection trial organization in China.In order to truly realize the judicial relief of environmental problems in our country and make the special trial organization of environmental protection play its due positive role.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2;D922.68

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