Journal of Jishou University(Social Sciences Edition) ›› 2024, Vol. 45 ›› Issue (1): 58-72.DOI: 10.13438/j.cnki.jdxb.2024.01.006

• Law • Previous Articles     Next Articles

Judicial Guarantee Mechanism of River Basin Ecological Environment Based on System Theory

XIAO Ai   

  1. (Law School,Xiangtan University,Xiangtan 411105,Hunan China)
  • Online:2024-01-01 Published:2024-01-28

Abstract: The judicial guarantee of river basin ecological environment is faced with the conflict between the current judicial system and the systematic integrity of river basin ecological environment,which is also the"relationship" connotation of the river basin ecological environment and its governance system.In terms of judicial guarantee mechanism,the system theory should be used as the methodology to rationally position the river basin ecological environment justice from the aspects of judicial function,judicial function,judicial efficiency and integration,etc.,to improve the judicial specialization on the premise of necessity and the principle of persistence and innovation.In other words,on the basis of giving priority to the application of administrative and ordinary judicial system tools of ecological environment governance,limited centralized jurisdiction is implemented after the diversion of ecological environment cases in the river basin according to the complexity,scope and degree of influence.The restoration of the river basin ecological environment should be placed in an overwhelming position,the structure of the collegial panel optimized,the public interest litigation of environmental protection organizations strengthened,and the public interest prosecution and procuratorial public interest litigation distinguished to improve the judicial specialization mechanism.From the perspective of system theory,judicial cooperation has an important institutional value that cannot be ignored in the judicial guarantee mechanism.In particular,cooperation should be included in the main responsibilities of the judiciary,and the standardization and institutionalization of the judicial cooperation mechanism of the river basin ecological environment should be comprehensively strengthened.

Key words: river basin ecological environment, judicial guarantee, system theory, judicial cooperation

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