Abstract:
In recent years, there have been extensive researches on environmental protection and restoration. However, the judicial practice regarding the judicial identification mechanism of environmental damage still exists, and has not received enough attention. For example, small and insufficient number of judicial appraisal institutions for ecological damage, long period of appraisal, as well as high appraisal cost. There are problems such as poor coordination and connection between judicial departments and administrative agencies, and some conflicts in the adoption of judicial appraisal conclusions to environmental damage. Based on these, this article, from the judicial practice related to judicial identification of ecological environmental damage and the perspective of ensuring the legality, impartiality and independence of judicial identification of environmental damage, discusses the judicial initiation procedure, connection mechanism and identification conclusion of judicial identification of ecological environmental damage. It further discusses the adoption procedures and the standardized management of appraisal institutions and personnel and etc. In this way, we can explore the practical path of perfecting the judicial identification mechanism of ecological environment damage, hoping to solve the current problems of judicial identification of ecological environment damage in China.