Abstract:Due to the fact that the number of cases accepted is too small,based on the argumentation of "trial professionalism" and "trial unity",results show that the establishment of environmental court is mostly formalized,and its institutionalized development lacks legitimacy basis.Moreover,from the perspective of economic analysis,compared with other means of dispute resolution (including environmental administration),the environmental judicial governance is lack of efficiency and its advantages are not obvious.Due to the limited judicial resources,the judicial system has an objective and necessary restraining effect on environmental judicial needs.Based on the theory of public choice,besides the need of environmental governance,the actual impetus for the institutionalized development of environmental court is internal governance,response to judicial reform policies and other interest demands.In the occasion of judicial reform moving towards a more precise and deep development,a clear understanding of the problems is vital to avoiding judicial activism becoming blind.