On the Cooperation Obligation of Administrative Subject in the Judicial Adjudication of Environmental Restoration Responsibility
In order to cope with the challenges faced by environmental justice in evidence acquisition,fact determination and judgment execution,China's judicial system requires environmental administrative subjects to cooperate with judicial organs in the process of ju-dicial judgment and judgment execution of environmental restoration responsibility,which forms a variety of practical modes such as di-rect judgment mode,voluntary assumption mode,consultation mode and participation negotiation mode.It is both legitimate and neces-sary to require the environmental administrative subject to undertake certain cooperation obligations in the judicial adjudication of envi-ronmental restoration responsibility,and it also has certain normative support.However,there are also problems such as the lack of clear legal basis for the cooperation obligations of environmental administrative subjects and the obstruction of the implementation process.It is necessary to properly arrange this issue from both substantive and procedural aspects in the system design,so as to avoid theoretical misunderstanding and practical confusion caused by the wrong handling of the relationship between environmental administra-tive power and judicial power.
国家科技期刊平台
NSTL
万方数据
维普
