Judicial Guarantee Mechanism of River Basin Ecological Environment Based on System Theory
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 sys-tem.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 func-tion,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 envi-ronment 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 or-ganizations 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.
river basin ecological environmentjudicial guaranteesystem theoryjudicial cooperation
万方数据
维普
