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中国的环境法庭及其作用Environmental Tribunal and Its Roles in China

Speaker： Wang Canfa (王灿发)

Center For Legal Assistance To Pollution Victims

China University of Political Science and Law

Asian Judges Symposium on Environmental Adjudication, Manila, PhilippinesGreen Courts and Tribunals, and Environmental Justice July 28, 2010

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Canfa WANGProfessor: Institute on Environment & Resources of China Uiversity

of Political Science and Law (CUPL)Director: Center for Legal Assistance to Polution Victims of CUPLStanding Syndic: Chinese Society of Environmental Science Attorney(Part time): Fada Law Firm in Beijing

Address: Center For Legal assistance to Pollution VictimsChina University of Politics and LawNo. 25, Xitucheng Road, Haidian DistrictBeijing • China • 100088

Telephone: 86-10-6221-0149/0318Hotline: 010-62267459Email: wcanfa@clapv.org

office@clapv.orgWebsite：www.clapv.org

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§1.0 中国的法院体系Current Judicial System in the PRC

The juridical system of China consists of the Supreme Court, the local Courts at all levels and specialized courts such as the Military Court. The local Courts include the Higher Courts in all provinces, autonomous regions and municipalities directly under the Central Government, the Intermediate Courts in districts and municipalities as well as the Court in counties, cities and municipal districts. The specialized courts mainly include the Military Court, the Maritime Court, the Railway Transport Court as well as the Forestry Court, the Petroleum Court, the Land Reclamation Court, the Youth Court and so on. The courts at all levels are responsible to people’s congress at the same level as well as its standing committee while the practice of justice is under the supervision of the courts at a higher level.

Supreme CourtLocal Courts at all levels

Specialized Courts

Higher Court at the provincial, district, and city levels

intermediate Court at the district and city levels

Court at the county, city and district under city levels.

Dispatched tribunals of Grass-root People’s Courts

Military Court of the Central Military

Commission

Maritim

e C

ourt

Railw

ay and

Transportation C

ourtThe Military Courts of all

military areas

The Military Courts of different regiments

Forestry C

ourt

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§2.0. Specialized Environment Justice Agency

According to the published data, more than 10 specialized environment justice agencies have been established throughout China to cater to the work of environmental protection, including Environmental Protection Courts, Environmental Protection Trial Division within the juridical system and the Circuit Court of Environmental Protection, a joint establishment with administrative agencies of environmental protection.

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§2.0. Specialized Environment Justice Agency

1. The Environmental Protection Tribunal of the People’s Court of Dongling District of Shenyang, Liaoning Province (April, 2002);

2. The Circuit Court of the People’s Court of Shahekou District of Shenyang, Liaoning Province (April, 2004);

3. The Environemntal Protection Court of Jizhou Municipality of Shijiazhuang, Hebei (2004);

4. The Circuit Court of Environmental Protection of Shiping County of Liaocheng, Shandong, province (2006);

5. The Environmental Protection Court of the Pejople’s court of TiexiDistrict, Shenyang, Liaoning province (June, 2006);

6. The E. P. Trial Court of the Intermediate Court of Guiyang, Guizhou province and the E.P.Court of the Court of QingzhenMunicipality under its jurisdiction (November, 2007);

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§2.0. Specialized Environment Justice Agency7. The Circuit Court of Environmental Protection of Jianye District,

Nanjing, Jiangsu (Feb. 2008);8. The E.P. Tribunal of the Intermediate Court of Wuxi

Municipality (May, 2008);9. The Circuit Court of the People’s Court of Xinbei District,

Changzhou, Jiangsu province (August, 2008);10. Trial Division of Environmental Protection of the Intermediate

People’s Court of Kunming Municipaality, Yunnan Province (Nov. 2008);

11. The E.P. Tribunal of Shangma Court of Chengyang District of Qingdao in Shandong Province (April, 2010)

12. The Tribunal on Ecology and Resources at the Intermediate Court of Zhangzhou Municipality in Fujian Province (May,2010)

13.

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§2.0. Specialized Environment Justice Agency

福建首个生态资源审判庭在漳州成立

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§3.0 在中国建立专门环境司法机构的作用Potentials Roles of the specialized environment justice agencies

Judging from the juridical practice home and abroad, especially the recent experiment with several specialized environment justice agencies in China, the establishment of such agencies is not only an inherent demand for the practice of environment justice but also offers the following significant potentials:

Changing the situation that the courts don’t like to accept environment cases; Improving Judges’ Expertise in Environmental Law in the Shortest Time; Promoting Judicatory Impartiality in Environment Cases ; Strengthening the Authority of the Environmental Law.

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§4.0 环境法庭建设的最新发展

法院系统把建立环境法庭作为司法改革和创新的内容之一；最高法院曾专门对此进行调研，但结论不一；许多地方已开始建立更多的环境法庭：海南省高级人民法院决定在全省普遍建立环境法庭；上海市将建立综合性的环境保护审判庭；福建省正计划将全省的林业法庭转变为生态和资源法

庭； 北京市高级法院在2009年正式发文在全市的法院建立环

境保护合议庭，今年在延庆县建立了一个环境法庭。今后的纪念内环境法庭将在各地方陆续建立。

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THANK YOU

VERY MUCH!