Research On Preventive Environmental Public Interest Litigation

At this stage,China is facing a serious problem of environmental pollution and ecological damage.Environmental events occur frequently,resulting in very bad impact.How to provide timely and effective relief to environmental hazards and prevent the risk of environmental damage is an important issue that our country needs to solve in the process of building a beautiful China.At present,China's environmental public interest litigation system has also developed rapidly and made great progress,but there are still problems that need to be solved urgently.In the judicial practice,it is often presented as an environmental public interest litigation for the purpose of the relief after the occurrence of environmental hazardous behaviors.Public interest litigation is only involved when the environmental hazardous behaviors have occurred,which is not in line with the concept of environmental law.“Nip it in the bud" is the inevitable choice to prevent environmental risks.Compared with post-reliance environmental public interest litigation,the preventive environmental public interest litigation can better protect the environmental problems in a comprehensive and coordinated way.Precautionary rules have been embodied in the relevant laws and regulations,and there are preliminary provisions on the preventive environmental public interest litigation system.However,a simple application of the procedural rules of environmental public interest litigation for ex post relief clearly goes against the requirement of proactive prevention in advance.At present,there are some problems in the procedure of preventive environmental public interest litigation,such as starting standard,certification standard,implementation measures,supervision mechanism and so on.Therefore,it is necessary to improve the system of preventive environmental public interest litigation,enhance its effectiveness in judicial practice,and achieve the practical purpose of preventive environmental public interest litigation.