我国渔业资源损害司法鉴定的困境及完善

The dilemma and improvement of judicial appraisal of damage to fishery resources in China

  • 摘要: 随着我国渔业资源损害现象的逐年增多,相关案件数量亦呈增长趋势。为推进民事维权和打击违法犯罪工作对渔业资源损害司法鉴定进行制度完善迫在眉睫。从法律规范发展历程来看,我国渔业环境损害司法鉴定在整体框架、鉴定主体及鉴定标准等方面的规定均有所完善。而实践层面,无论是鉴定主体、鉴定范围、因果关系、损失评估与修复鉴定或鉴定技术等方面建设,也有长足发展。但我国环境损害司法鉴定起步晚、重视不足,导致渔业资源损害司法鉴定依旧存在鉴定主体配置不合理、鉴定采信不规范、鉴定保障机制不健全等诸多问题。具体体现在鉴定机构及人员数量较少且分布明显不合理;大量非法定机构广泛参与鉴定工作,影响了鉴定的客观性、权威性和实效性;检验报告地位不明确,存在法律规范漏洞;程序审查的虚化和实质审查的缺位共同导致了鉴定意见采信程序的不规范;鉴定费用高以及外部支持不足等方面。针对现存渔业资源损害司法鉴定中存在的困境,应坚持以司法鉴定管理理论模型、协同治理理论和公众环境利益为基础。在主体完善方面,要在统一现行法律规范的前提下、发展多元鉴定队伍并构建渔业资源损害司法鉴定协同共治体。在采信路径完善方面,要规范采信审查制度,明确检验报告性质,完善专家陪审员制度,落实鉴定意见的实质审查。在支持保障方面,要强化政府环境监管责任和财政投入力度。本文通过研究我国渔业资源损害司法鉴定现状,聚焦运行过程中存在的困境,在分析其成因的基础上,提出完善建议,旨在为我国渔业资源损害司法鉴定高质量发展提供参考。

     

    Abstract: With the annual increase in fishery resource damage in China, the number of related cases has also shown a growing trend. To promote civil rights protection and combat criminal activities, it is extremely urgent to improve the judicial appraisal system for fishery resource damage. From the perspective of the development process of legal norms, the regulations in China regarding the forensic appraisal of fishery environmental damage, including the overall framework, appraisal subjects, and identification standards, have all been improved. At the practical level, significant progress has been made in various aspects including appraisal subjects, scope of appraisal, causal relationships, damage assessment and restoration evaluation, as well as appraisal technologies. However, due to the late start and insufficient attention given to environmental damage judicial appraisal in China, persistent issues remain in fishery resource damage judicial appraisal, such as irrational allocation of appraisal subjects, non-standardized adoption procedures, and inadequate support mechanisms. This is specifically reflected in the fact that the number of appraisal institutions and personnel is small and their distribution is obviously unreasonable. A large number of non-statutory institutions are widely involved in the appraisal work, which has affected the objectivity, authority and effectiveness of the appraisal. The status of the inspection report is not clear, and there are loopholes in legal norms.. The virtualization of procedural review and the absence of substantive review jointly lead to the non-standard acceptance procedures of expert opinions and high appraisal costs and insufficient external support. To address these challenges, solutions should be based on theoretical models of judicial appraisal management, collaborative governance theory, and public environmental interests. In terms of subjects, developing diversified appraisal teams and establishing a fishery resource damage judicial appraisal community are essential under the premise of unifying the current legal norms.. In terms of improving the acceptance path, it is necessary to standardize the acceptance review system, clarify the nature of inspection reports, improve the expert juror system, and implement substantive review of appraisal opinions are crucial. In terms of support and guarantee, it is necessary to strengthen the government's environmental supervision responsibilities and increase financial investment. This paper studies the current situation of judicial appraisal of fishery resource damage in China, focuses on the predicaments existing in the operation process, and on the basis of analyzing their causes, puts forward improvement suggestions, aiming to provide some references for promoting the high-quality development of judicial appraisal of fishery resource damage.

     

/

返回文章
返回