关键词:

环境损害, 司法鉴定, 专项基金, 法律援助, 诉讼费用保险

Abstract:

Forensic appraisal is the key evidence of identification relating to liability and amount of compensation in the trial of environmental cases. Through the analysis of 81 judgements of typical environmental cases published by the Supreme People’s Court, we can find that the phenomenon is widespread where fees charged by forensic appraisal institutions are non-standard, non-public and falsely high, and the high appraisal fee has become a difficult problem for the parties to apply for appraisal or the courts to entrust for appraisal. In order to solve this problem, the environmental protection departments, judicial departments and other relevant departments should clarify the nature of the appraisal fees as soon as possible, establish the principle of appraisal fees bearing, draft  fee standards of environmental damage forensic appraisal. At the same time, establish and improve the financial guarantee mechanism of environmental damage forensic appraisal. Only then can forensic appraisal really become the supporter of environmental protection and ecological restoration.

Key words:

environmental damage, forensic appraisal, special fund, legal aid, litigation costs insurance