The Legal Dilemma and Improvement Path of “Three-Trial Integration” in China’s Environmental Judicature

Publication Information

Journal Title: Commonwealth Law Review Journal
Author(s): Heyuan Sun
Published On: 03/07/2023
Volume: 9
First Page: 258
Last Page: 278
ISSN: 2581-3382
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/CLRJ.2023.907

Cite this Article

Heyuan Sun, The Legal Dilemma and Improvement Path of “Three-Trial Integration” in China’s Environmental Judicature, Volume 9, Commonwealth Law Review Journal, 258-278, Published on 03/07/2023, doi.org/10.55662/CLRJ.2023.907 Available at https://clrj.thelawbrigade.com/article/the-legal-dilemma-and-improvement-path-of-three-trial-integration-in-chinas-environmental-judicature/

Abstract

The construction of the environmental judicial trial model has its internal laws and external special evidence, which requires active responses from the legislative and judicial levels. Traditional litigation trials have been unable to adapt well to the trial of environmental judicial cases. The “Three-trial Integration” trial method that integrates civil, criminal, and administrative cases takes into account both environmental justice and judicial efficiency. However, from a practical point of view, the “Three-trial Integration” of environmental justice still has the legal dilemma of lack of legislation, judicial loopholes, and disorderly law enforcement. In view of this, it is necessary to clarify the legislative provisions of “Three-trial Integration”, establish a special environmental judicial trial institution, cultivate a professional environmental judicial trial team of “Three-trial Integration”, and unify the subject of “Three-trial Integration” in environmental judicial litigation qualifications and measures to clarify the legal boundaries and powers of environmental justice, in order to improve the professional trial model of environmental justice.

Keywords: “Three-trial Integration”; environmental justice; ecological civilization; trial mode

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