2009Journal of China University of Geosciences(Social Sciences Edition)Requires access

Current Situation and Future of China's Environmental Judicature

Yan Zhang

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Abstract

Even within the traditional legal framework and with explicit legal basis,people cannot resort to judicial procedure to solve environmental disputes.Moreover,even if an environmental dispute has been brought into litigation procedure,yet people cannot get fair remedies.The phenomenon has much to do with the vacancy of judicial independence,the insufficiency of judicial ability and the limitation of judicial role.When people expect the judicial branch to break up the shackles of old convention,maintaining the legal dignity and keeping to the final defense line of justice may be more practicable.

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What this paper is about

Even within the traditional legal framework and with explicit legal basis,people cannot resort to judicial procedure to solve environmental disputes.Moreover,even if an environmental dispute has been brought into litigation procedure,yet people cannot get fair remedies.The phenomenon has much to do with the vacancy of judicial independence,the insufficiency of judicial ability and the limitation of judicial role.When people expect the judicial branch to break up the shackles of old convention,maintaining the legal dignity and keeping to the final defense line of justice may be more practicable.

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Available abstract

Even within the traditional legal framework and with explicit legal basis,people cannot resort to judicial procedure to solve environmental disputes.Moreover,even if an environmental dispute has been brought into litigation procedure,yet people cannot get fair remedies.The phenomenon has much to do with the vacancy of judicial independence,the insufficiency of judicial ability and the limitation of judicial role.When people expect the judicial branch to break up the shackles of old convention,maintaining the legal dignity and keeping to the final defense line of justice may be more practicable.

Key concepts: Dignity, Judicial independence, Law, Political science, Judicial activism, Economic Justice, Independence (probability theory), Judicial review

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