The Theoretical Basis and Feasible Path of the Cross-regional Jurisdiction System for Environmental Cases

At present, the reform of the cross-regional jurisdiction system for environmental cases is not complete, and the reform measures limited to passive response logic have many problems such as taking care of one another and neglecting the other. Therefore, to further deepen the reform, we must break the countermeasure thinking and emphasize the inherent laws of the jurisdiction system itself. Starting from the essence of the jurisdiction system, the actual control theory put forward by the common law countries is the basic principle of jurisdiction distribution and its universality. Using this theoretical tool to analyze the cross-regional jurisdiction mode of environmental cases in various places, it can be seen that the root of many problems faced by the current reform lies in the fact that environmental cross-regional jurisdiction fails to realize the actual control of environmental elements and lacks the basis of power sources. Starting from the actual control theory, combined with China's jurisdiction system and environmental judicial resources and other specific circumstances, further improvement of the cross-regional jurisdiction system for environmental cases should adhere to the standard of ecological function areas to divide environmental cases. The environmental court has achieved cross-regional jurisdiction over environmental cases within and across provinces.