دور القاضي المدني في ادارة وحسم الدعاوى المستعصية : (دعاوى البيئية أنموذجاً)

Abstract

The civil judiciary is a required one, not on automatic one. The case must be brought before the civil courts so that the judge can take his role in conferring judicial protection on the conflicting rights there in. Through the civil case management system which is carried by a competent judge or a highly qualified employee, the civil case passes at the time of its filling until it is resolved in several stages, in which the subject of the dispute is presented to the case management judge and after verifying that there are all the required requirements, he refers it to the subject judge to decide on it. Also, this system has multiple advantages, but it is not without criticism. Recently, there has been a tremendous development in the field of technology and science, which led to the emergence of new problems that where not known before, such as the problem of environmental pollution. Courts and judges are facing intractable lawsuits that are difficult for them to resolve due to the lacks of legal text to apply them to the disputed incident or the presence of ambiguity in the intended text their application or in the absence of conclusive evidence to prove the causal relation between harmful act or mistake and the damage that accrued. Therefore, the judge needs to expand his authority. Rather, it’s necessary to resort to modern mechanisms as reliance on scientific support for the nomenon result to the harmful act, guide by the principle of precaution, and the assumption of causal relation, to reach a just and prompt judgment.