Research On The Construction Of Environmental Protection Prohibition Order System

Environmental pollution is a kind of extremely harmful tort,which often infringes on the personal and property interests of a certain number of people.Most environmental pollution problems are sustainable and difficult to recover.Once environmental damage occurs,it will have an far-reaching impact and consequences of major hazards are difficult to recover.The irrecoverable nature of environmental damage determines,the governance of environmental issues should be transformed from filling relief to preventive relief.The intervention of judicial forces,like a pair of "iron fists",will play an important role in environmental protection.The implementation of the environmental protection prohibition order is to prevent the occurrence of environmental damage in a timely and effective manner,and to curb the harmful consequences of pollution in a timely manner.There is no clear stipulation in the laws of China on environmental protection prohibition orders.The meaning of environmental protection prohibition order can be seen from the trial measures of it issued by local courts:before the final judgment of environmental lawsuits is made,the court shall apply or apply for powers,A written ruling issued to the subject of an environmental damage act with the main content of prohibiting it from continuing to perform the environmental damage act or ordering it to takenecessary remedial measures.The nature of the order is behavior preservation,which is different from property preservation and pre-enforcement.The jurisprudence foundation of it,is the theory of right relief and the value theory of justice.The necessity and feasibility of China's construction of the system is reflected in the need to timely prevent environmental damage and the protection of citizens' environmental rights,as well as the need to improve the rationality of litigation procedures.Feasibility is reflected in China's intellectual property rights and the maritime special procedures law both have relevant provisions on the prohibition order system,which is also reflected in China's existing the order in practice.The application of the environmental protection prohibition order is inconsistent,and the local regulations on them are not uniform,which objectively causes a loss of benchmarks and destroys the unity of environmental justice,Not conducive to the further development of the environmental protection ban system.China's construction of the system can be enlightened from the extraterritorial environmental protection prohibition.The Anglo-American law system is applicable to the environmental protection field.The representative is the British intermediate prohibition system and the US intermediate prohibition system.The civil law system is Germany And Japan's fake punishment system.The specific construction of the order in China includes the basic principles of it,the activation of the order,the review and trial of the order,and theexecution and relief procedures.Among them,the basic principles for constructing an environmental protection prohibition order include the principles of right relief and the principle of measuring benefits.The activation of the order includes the filing of an environmental protection prohibition order and determination of jurisdiction.The review and trial of the order includes the parties Examination of qualifications and examination of whether or not to provide guarantees,as well as the criteria for the trial of environmental protection injunctions.The relief procedures for environmental protection injunctions include the parties' right of objection and the claimant's right to claim compensation.