黄河流域生态环境司法治理的实证研究
Empirical Study on Judicial Governance of Ecological Environment in the Yellow River Basin

近年来黄河流域生态环境保护备受关注，沿河生态环境案件表现出明显的跨区域、跨部门和跨学科特征。当前，司法实践中此类案件在管辖、审理、认定、执行、修复和监督等方面面临复杂的适用难题，包括流域生态特征强烈、案件类型分化明显、生态空间价值缺乏关注等。采用实证方式揭示黄河流域生态环境司法保护所面临的挑战，包括细则或配套规定的缺失、流域立法后评估制度的不完善、监管体制机制的模糊性、案件移送效率低下以及执法与司法衔接机制的不畅通等问题，以期推动黄河流域生态环境司法保护完善。
In recent years, ecological environmental protection in the Yellow River basin has attracted much attention, and ecological environmental cases along the river have shown obvious cross-regional, cross-sectoral and cross-disciplinary characteristics. Currently, such cases in judicial practice face complex application challenges in terms of jurisdiction, trial, determination, enforcement, restoration and supervision, including strong ecological characteristics of the river basin, obvious differentiation of case types, and lack of attention to ecological spatial values. An empirical approach is adopted to reveal the challenges faced by the judicial protection of ecological environment in the Yellow River Basin, including the lack of bylaws or supporting regulations, the imperfection of the post-basin legislative assessment system, the ambiguity of the regulatory institutional mechanism, the inefficiency of case transfer, and the lack of a smooth mechanism for the interface between law enforcement and the judiciary, with a view to promoting the improvement of judicial protection of ecological environment in the Yellow River Basin.