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Paper代写:Environmental damage justice

2019-07-19 | 来源:51due教员组 | 类别:Paper代写范文

本篇paper代写- Environmental damage justice讨论了环境损害司法。环境损害的范围及程度存在一定的关联性。在发生环境污染事故后,污染的范围与污染程度往往成正比。在司法鉴定中,通过监测、检测和现场勘查等方式进行证实或排除,确认行为与结果间是否存在必然联系,然后确定环境损害行为是否需要承担相关责任。本篇paper代写51due代写平台整理,供大家参考阅读。

Environmental damage justice,环境损害司法,paper代写,代写,essay代写

Environmental damage judicial appraisal is in the process of litigation, the expert USES professional knowledge, through a variety of technical means, including: monitoring, detection, exploration and comprehensive analysis, to identify environmental pollution or ecological damage litigation, so as to provide professional appraisal opinions.

There is a certain correlation between the scope and degree of environmental damage. If the environmental pollution accident occurs, the scope of pollution is often proportional to the degree of pollution. If the scope of pollution is larger, the degree of pollution also increases. In judicial appraisal, it is necessary to determine the boundary, scope and extent of environmental damage by means of on-site investigation. Then the extent of the damage is assessed to determine the amount of financial losses.

The main purpose is to determine whether there is a causal relationship between pollutants or pollution behaviors and damage results. On the basis of knowing the physical and chemical properties of pollutants, the environmental pollution and property loss were investigated and the causes of property damage were analyzed. Verify or exclude by means of monitoring, detection and on-site investigation, and confirm whether there is an inevitable link between the behavior and the result. Then determine whether environmental damage behavior needs to assume relevant responsibility.

Different from judicial appraisal in other fields, environmental damage judicial appraisal needs to identify the physical and chemical properties of pollutants, and conduct quantitative and qualitative analysis of the physical and chemical properties of pollutants through monitoring, detection and analysis. Through physical and chemical properties analysis, whether the characteristics and quantity of pollutants comply with relevant laws.

Environmental pollution has the characteristics of strong diffusion, if not timely identification, can not accurately grasp the pollution situation. If the river is polluted, due to its fluidity and self-purification ability, timely sampling should be sent to the identification institution to determine the pollutant parameters accurately.

In environmental damage litigation cases, the judge or prosecutor is unable to conduct the trial and judgment smoothly due to lack of professional knowledge. The judicial appraisal of environmental damage is to use professional technology to determine the extent of pollution damage, determine whether the damage behavior directly caused the damage results, and analyze the extent, scope and economic losses of the damage, to provide professional technical reference for the judgment of environmental pollution related cases.

The identification of environmental damage events usually requires a long period and a high cost. Common environmental damage assessment costs about 30,000 to 200,000 yuan. Therefore, the cost of environmental damage identification is higher than that of traditional judicial identification. At the same time, due to the complexity of environmental damage judicial identification, experimental research or model design may be required, so the environmental judicial identification cycle is usually long.

Because of the variety of pollutants and the different ways of pollution, the identification of environmental damage needs multidisciplinary knowledge. The receptors of pollution may be rivers, land, air, etc., and the pollution degree caused by pollutants may be large or small. It is difficult to monetize the losses caused by environmental damage, so the identification process of environmental damage is very complicated.

Environmental damage refers to the environmental pollution caused by human beings and the loss of life safety and property of individuals or organizations. It mainly includes the following two parts: the first is to the function of the ecological environment adversely affected; Second, personal injury or property loss. At present, there are several professional organizations engaged in environmental damage judicial appraisal in China: first, environmental monitoring organizations. When it comes to environmental litigation, the agency provides relevant data to provide professional reference for court decisions. Environmental damage assessment center. The institute is mainly established on the basis of the academy of environmental sciences, and carries out the work of environmental damage appraisal after obtaining the judicial appraisal license. It is a public welfare institution and comes under the leadership of the environmental protection department. Other environmental damage assessment institutions. In addition to the ministry of environmental protection, forestry, Marine and construction departments have set up their own assessment agencies to mainly serve their environmental protection work.

In June 2018, the department of justice, ecological environment jointly issued the registration review detailed rules for the environmental damage the judicial authentication institutions, specific rules for environmental damage, the "details", judicial authentication institutions registration review procedures, grading standards, professional ability, lab and equipment configuration requirements, etc., for an objective and comprehensive evaluation accurately applied for environmental damage the judicial appraisal business legal person or other organization ability level, environmental damage and improve the judicial authentication access registration of pertinence, normative and scientific nature, which is of great significance to the judicial authentication institutions engaged in environmental damage put forward clear requirements, Including its ability to research, software and hardware capabilities and personnel requirements. In September 2018, the general office of the ministry of justice issued a notice on further improving the access and registration of environmental damage appraisal institutions and appraisers in order to implement the detailed rules on assessment and further improve the registration of environmental damage appraisal institutions and appraisers. At present, there is still a lack of perfect technical standards and norms for environmental damage judicial appraisal, which does not meet the needs of environmental judicial appraisal in China. Therefore, in the future, it is necessary to formulate relevant standards and norms according to the characteristics of environmental pollution, improve the technical content of identification, and guide the judicial identification of environmental damage. In addition, there are many fields involved in environmental damage assessment, including: air environmental damage assessment, water environmental damage assessment and soil environmental damage assessment. Therefore, it is necessary to coordinate all parts, with environmental protection departments, judicial departments and administrative departments as the main bodies, to establish a sound appraisal management system and supervise appraisal activities, so as to enhance the credibility of environmental damage judicial appraisal.

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