Judicial activism research in solving environment disputes
|School||Jiangxi University of Technology|
|Course||Environment and Resources Protection Law|
|Keywords||environmental dispute judicial restrain judicial activism|
The rapid development of economy and society improve the quality of people’s lives and the people’s living standard constantly, at the same time, it also challenge the bearing capacity of the ecological environment. All kinds of environmental problems are growing rapidly, it starts all kinds of environmental conflicts and environmental controversies, and on the basic of the people constant awaking of the environmental rights consciousness, all kinds of environmental dispute cases surge in. But there are many problems in the judicial relief of environment in China, it’s difficult to achieve the real function of the judicial relief of environmental dispute, the judicial process needs the playing of the judge’s initiative judge, it put forward to compensating and repairing the problems and defects of the environmental judicial relief. However, the environmental legislation is not perfect, the quality of environmental justice team is not high, and the local legal environment is not healthy, all these problems have been the obstacles of the playing of the environmental activism. Therefore, in the environmental judicial practice, in order to get the environmental judicial activism reasonable playing, on the one hand, we should strengthen the environmental legislation, formulate special environmental litigation procedural law, set up environmental litigation institutions, and construct reasonable special environmental litigation system; on the other hand, we should strengthen the learning of judge’s professional knowledge and natural scientific knowledge, and the training of the judge’s professional quality and vocational skills. At the same time, in order to prevent the judge’s "super freedom" activism, we have to regulate judicial activism through the principle guiding, complete system, supervision mechanism, and achieve the judicial restraint under the moderate playing of environmental judicial activism in our country.This paper mainly contains four chapter contents:The first chapter "the theory of judicial activism", we have the investigation of judicial activism in the western context, then introduce the feminist theory and practice origin of the judicial activism, and have do a comparative analysis on the judicial activism and judicial restraint, and then point out the real state of judicial activism in Chinese context, that is, the judicial activism of judicial restraint.The second chapter "the appeal to judicial activism of environmental dispute resolution and the practical significance", with the features of China’s environmental dispute, we point out the present situation and existing problems of the judicial relief of environmental dispute in China, and make a corresponding analysis of the cause, then propose the urgent appeal to judicial activism of environmental dispute resolution, and the practical significance of judicial activism in the environmental judicial practice.The third chapter "the try of judicial activism in the environmental dispute", in the analysis of the case "2.20" big water pollution, we analysis the impact factors of the judgment, it includes law factors and social factors, and review the active position and the regret of the judgment, point out the realistic barriers of the playing of judicial activism in the environmental dispute in our country.The fourth chapter "to realize the moderate playing of judicial activism under the judicial restraint", we should ensure the moderate playing of the environmental judicial activism, on the basic of the improvement of environmental legislation, the construction of special environmental litigation system, the improvement of environmental justice team quality, etc, we also need to standardize the playing of judicial activism.