环境类指导性案例的司法适用困境与优化路径OA

Environmental guiding cases are produced in response to the needs of China's construction of ecologi-cal civilization,reflecting the judicial value orientation of different periods in China.Since 2016,the Supreme People's Court has issued 36 environmental guiding cases with reference effect.At present,there are some problems in the judicial application of environmental guiding cases,such as the administration of justice,the ambiguity of the norma-tive effect of'reference',the lack of case type,and the ambiguity of the referee benchmark,which lead to the low judi-cial application rate of environmental guiding cases.Therefore,we should give full play to the institutional effectiveness of guiding cases and optimize their judicial application.The measures are as follows:increase the number of environmen-tal guiding cases,and on this basis,strengthen the classification and refinement of cases;stimulate the institutional ki-netic energy of spontaneous application,and clarify the scope of effectiveness of'should refer to';gradually construct a relatively unified judgment standard,etc.,and promote the systematic construction of environmental guiding cases.