The Implementation Of The Theory Of Civil Environmental Public Interest Litigation Preventive Responsibility

Defense the occurrence of environmental damage in addition to the rules and regulations of environmental law prevention policies and various prevention systems, can also by requiring responsible preventive responsibility shall be effective in preventing and its main responsibility includes stop the infringement, eliminate the obstruction, eliminate the danger. Preventive responsibility way is the reflection of the precautionary principle in tort law, preventive responsibility way can do prevention, its environmental protection should be more significant than later compensatory liability, and however, preventive responsibility of special function into full play is not in the judicial practice. This article through to the civil environmental public interest litigation preventive responsibility theory and judicial practice to comb, analyzing the civil environmental public interest litigation preventive responsibility implementation and theoretical problems in the judicial practice problems, and put forward the perfect proposal. In particular, the paper is divided into four parts for the realization of the civil environmental public interest litigation preventive responsibility are discussed:The first part, mainly elaborated the civil environmental public interest litigation preventive responsibility concept, theoretical basis, basic content, as well as the responsibility of the civil environmental public interest litigation preventive responsibility.The second part, mainly combed the civil environmental public interest litigation preventive responsibility present situation of judicial practice, from the trial of cases involving civil environmental public interest litigation preventive responsibility present situation, the content and the implementation of the case for analysis.The third part, mainly expounds the civil environmental public interest litigation preventive responsibility theory and the judicial dilemma. Includes two aspects, one is the theory of the civil environmental public interest litigation preventive responsibility, including the imputation principle is not clear, sabotage or dangerous cognitional error is difficult to determine, causal relationship, etc.; Second, civil environmental public interest litigation preventive responsibility implementation of judicial predicament, including case type single, lawsuit time lag, court remit not clear way, preventive responsibility is not unified, difficult execution and so on.The fourth part, civil environmental public interest litigation preventive responsibility implementation countermeasures. Includes two aspects, one is the theory of the civil environmental public interest litigation preventive responsibility to repair, to the civil environmental public interest litigation preventive responsibility imputation basis, behavior and impeding danger or damage, causation improving Suggestions, etc; Second, civil environmental public interest litigation preventive responsibility of judicial perfect, from the appropriate extension cases accepted type and a variety of measures to ensure timeliness of litigation, the expansion of court jurisdiction, standardized preventive responsibility way to study content, a variety of measures to ensure execution of the judgment, puts forward the countermeasures. In the broader public environmental risk information and take preventive measures. Sentence content specific, allows the court to preventive responsibility way to add specific preventive measures. Shall be formulated by the defendant to perform project, and from the Angle of the economic interests of the checks and balances, provisions inadequate legal consequences, at the same time, the court should play a role of active judiciary, the administrative department for environmental protection should be strictly law enforcement, multiple security decision for implementation in place, prevent the happening of the environmental damage or expanded.