中国环境司法专门化:动因、风险及其治理OACHSSCD

The necessity of judicial specialization and its reasonable boundaries constitute a prerequisite issue for the in-depth deepening of China's judicial reform.The driving forces to environmental justice specialization include the judicial driving force with neutral advantages at the core,the political one centering on the follow-suit mechanism,and the social one focusing on policy implementation.Among them,the social driving force is fundamental.Deepening environmental adjudication specialization carries inherent risks,including constraints imposed by legal institutions,potential deviations from the proper judicial role,and limitations arising from judicial costs.In terms of legal supply,general provisions on judicial specialization should be incorporated into the"General Provisions"of the draft of The Ecological Environment Code of PRC,explicitly defining the scope of cases and jurisdictional rules.Regarding role correction,it is essential to prevent the distortion of"legal adjudication"into"technocratic adjudication"and to avert regulatory capture through flattened organizational designs.As for cost control,cross-administrative specialized environmental courts should be established prudently,while the efficiency of existing specialized judicial organs should be enhanced.