论文部分内容阅读
环境问题已经成为影响社会公众身体健康、生存条件的基础性问题。然而,近年来随着我国环境问题的突出,有关部门对环境污染行为也加大了相应的惩处力度。囿于环境问题牵涉空气、地表水、地下水、土壤、动植物等众多专业领域,一般人员往往难以通过自身知识对这些专业性问题进行判定。故借助于专业机构的专业人士的判定也就成为必要,其甚至在一定程度上能够在环境污染案件的审理中发挥决定性作用。随着司法部商请最高人民法院、最高人民检察院同意,将环境损害司法鉴定纳入司法鉴定统一管理范畴,我国环境损害司法鉴定进入长效发展时期。然而,由于我国环境损害司法鉴定发展较晚,实践中还存在环境损害司法鉴定主体性缺失、鉴定业务范围无法满足诉讼需求、专家证人和专家陪审员制度待完善、鉴定费用过高等问题,亟需予以完善。
Environmental problems have become the basic issues that affect the health and living conditions of the public. However, with the prominence of China’s environmental problems in recent years, relevant departments have also stepped up the corresponding penalties for environmental pollution.囿 Environmental issues involve many fields of expertise such as air, surface water, groundwater, soil, animals and plants. It is often difficult for the average person to judge these professional issues through their own knowledge. It is also necessary to make judgments by professionals with professional bodies, and even to a certain extent, it can play a decisive role in the hearing of environmental pollution cases. With the consent of the Supreme People’s Court and the Supreme People’s Procuratorate, the Ministry of Justice agreed to incorporate the forensic assessment of environmental damage into the unified management of forensic science. The forensic identification of environmental damage in China has entered a period of long-term development. However, due to the late development of forensic appraisal of environmental damage in China, there are still some problems in practice, such as the lack of subjectivity of judicial appraisal of environmental damage, the failure of appraisal of the scope of business to meet the demands of litigation, the improvement of the systems of expert witnesses and jurors, and the high appraisal fees. To be perfect.