Journal of Jishou University(Social Sciences) ›› 2014, Vol. 35 ›› Issue (4): 41-50.DOI: 10.13438/j.cnki.jdxb.2014.04.007

• Ecological and Environmental Protection Forum • Previous Articles     Next Articles

The Dilemma andWay out of the Environment Courts in China

 XU  Ping, ZHU  Zhi-Wei, YANG  Chao-Xia   

  1. (Research Center of Ecological Law,Beijing Forestry University,Beijing 100083,China)
  • Online:2014-07-15 Published:2014-07-09

Abstract: In recent years,the specialized reform of the environmental judicial organization has developed rapidly.However,lots of founded environment courts are still faced with the problem of “Waiting the Rice for Cooking”.The most important reasons are such as limited plaintiff qualification,jurisdictional chaos and vain regulations on burden of proof inversion.To solve the problem,it is necessary to expand the plaintiff qualification:the first method is to confirm the environmental rights by the law,and give citizens plaintiff qualification to bring a impure public environmental interest lawsuit;the second one is to give the plaintiff qualification for environmental organizations,natural resource management and prosecutors to bring a pure public environmental interest lawsuit based on environment right and lawsuit entrust,state ownership of natural resource,legal supervision.In addition,adding the responsibility of plaintiff to prove apparent causality,refining of regulations on burden of proof inversion,perfecting environment court system of jurisdiction,are also helpful for environment court to get out of the dilemma.

Key words: environment court, qualification of plaintiff, environmental rights, burden of proof

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