There are some interlocking problems in China's coastal environment cases,such as conflict of jurisdiction,disputed application of law,unclear plaintiff qualification,dispute in the determination of the nature of litigation,undetermined connection of litigation proce-dures,and imperfect judicial enforcement mechanism,which lead to the judicial dilemma of coastal environment.The main reason is that the classification thinking of the'dichotomy'of land and sea has a great influence and the connotation of the combination of land and sea as a whole has not been fully and deeply understood In order to solve the judicial dilemma of coastal zone environment,we should not only attach importance to the particularity of coastal zone environment cases,establish them as typed cases and specially fall under the jurisdic-tion of maritime courts,but also implement the principle of land and sea coordination,to re-alize the internal coherence of judicial rules and the coordination of legal links.
关键词
陆海统筹原则/海岸带/环境司法/陆海"二分法"/案件类型化/专门管辖/司法建设
Key words
the principle of land and sea coordination/coastal zone/environmental justice/land and sea'dichotomy'/case typed/special jurisdiction/judicial construction
维普
万方数据