流域管理对环境司法专门化的挑战与启示

我国在上个世纪90年代就开始对水环境和水资源实施流域管理，这也是国际上的通常做法。流域管理突破了人为行政区划的限制，遵循水流的自然规律，是一项庞大的系统工程。但是，我国传统环境司法在处置跨流域环境纠纷上显得力不从心。于是，我国有些地方开始设置环境法庭来应对此类问题。不过，新设立的环境法庭仍然严格恪守行政区划，流域管理不断在管辖范围、环境公益诉讼、专业技术及执行问题上挑战着环境法庭，同时也给了在摸索中前行的环境法庭诸多启发，环境法庭如何在上述诸多方面作出突破，将有助于我国环境司法专门化的构建和完善。

The Challenge and Enlightenment on River Basin Management to Environmental Judicial Specialization

In the late 1990s, China began to carry out river basin management of water environment and re- source, which was also the normal measure glob]y. River basin management breaks the limitations of administra- tive division, follows the natural rules and is a huge systematic program. However, our traditional environmental judicature seems to be less powerful in dealing with inter- basin water disputes. So some areas begin to set up environmental courts and tribunals to solve these of problems. But new environmental courts and tribunals are still built according to the administrative division. River basin management challenges environmental courts and tribunals continuously in scope of jurisdiction, environmental public interest litigation, specialized technique and implementation. It also provides a great deal of enlightenment to them staggering forward for the time being and how to break through the above challenges is helpful to the construction and perfection of environmental ju- dicial specialization.