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环境司法专门化是司法发展的必然选择,具有必要性和可行性。然而,近年来,大量新设的环境法庭时常面临着无案可审的窘境,这引起了不少学者对环境司法专门化的质疑、批判。本文通过对环境司法专门化遇冷的原因分析,有针对性的建议完善相关环境法律制度、推动环境司法机构专门化建设、建立特别的环境诉讼程序、提高环境司法外部参与度有利于问题的解决。
Environmental judicial specialization is an inevitable choice for judicial development, which is necessary and feasible. However, in recent years, a large number of newly established environmental tribunals are often faced with the dilemma of not having a fair trial, which has aroused many scholars’ questions and criticisms of the specialization of environmental justice. Based on the analysis of the reasons for the specialization of environmental justice, this paper proposes pertinent suggestions to improve the relevant legal system of the environment, promote the specialization of the environmental judiciary, establish special environmental litigation procedures and improve the external participation of environmental justice, which is in favor of the solution of the problem .