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自从中共召开十八大以来,习近平总书记就建设“法治中国”作出了一系列重要指示和讲话。在这些指示和讲话中,明确提出了建设“法治中国”的新目标、新路径、新方针和新方法。目前我国正处于社会转型和改革攻坚的关键时期,在日新月异的同时也必然伴随着许多问题和矛盾。近年来我国环境资源类案件的总体数量在不断增加,中国各级司法机关开始尝试设立专门审理环境案件的环保法庭,且取得了较为良好的法律效果和社会效果,但是因法律依据之缺乏、环境案源之失衡、受案范围之过窄、公益诉讼之受阻、审判管辖之滞后、证据判断之偏差等现实存在的困境,我国环保法庭的发展受到了很大的阻碍。因此,必须从各主体、各角度、各方面来完善我国现行的环保法庭制度。
Since the 18th CPC National Congress, General Secretary Xi Jinping has made a series of important instructions and speeches on building “law-based China.” In these instructions and speeches, we have clearly put forth new goals, new approaches, new guidelines and new methods for building “the rule of law in China.” At present, our country is in a crucial period of social transformation and reform. In the course of rapid changes, we must also be accompanied by many problems and contradictions. In recent years, the overall number of environmental resource cases in China has been continuously increasing. Judicial authorities at all levels in China have begun to try to establish environmental courts that specialize in handling environmental cases and have achieved relatively good legal and social effects. However, due to the lack of legal basis, The unbalance of the source of the case, the narrow scope of the case, the obstruction of the public interest litigation, the lag of the jurisdiction of the trial and the deviation of the proof of evidence have caused great obstacles to the development of China’s environmental court. Therefore, it is necessary to improve the current system of environmental court in our country from all aspects, from all angles and aspects.