The Practical Difficulties and Optimization Path of the Centralized Jurisdiction of Environmental and Resource Cases
The particularity of environmental and resource cases poses a challenge to the fairness and effi-ciency of the traditional local procuratorate's territorial jurisdiction model,giving rise to the centralized juris-diction model of cross-administrative division procuratorates.The reform and exploration of the centralized jurisdiction of environmental and resource cases by cross-administrative division procuratorates has achieved phased results,but it still faces institutional problems such as unclear nature positioning,incomplete hierarchi-cal structure,and unreasonable location layout of cross-administrative division procuratorates,mechanism problems such as inconsistent scope of centralized jurisdiction of environmental and resource cases,inappro-priate case handling mechanism,and unsmooth institutional connection,as well as legal problems such as incomplete organizational law,procedural law,and substantive law basis for system and mechanism innova-tion.Based on the rationalization of the management system,the cross-administrative division procuratorate should be positioned as a new type of comprehensive dispatched procuratorate,a three-level organizational system should be established,and location layout should be carried out according to local conditions.With the improvement of the operating mechanism as the key,the construction of the centralized jurisdiction mechanism,centralized handling mechanism,and judicial cooperation mechanism for environmental and resource cases should be promoted.With the improvement of relevant legal systems as a way of guarantee,the organizational law,procedural law,and ecological environment code are clearly defined for the central-ized jurisdiction of environmental and resource cases by cross-administrative division procuratorates.
environmental and resource casescross-administrative division procuratoratescentralized jurisdictionjudicial system reformenvironmental judicial specialization