Research On The Review Standard Of Environmental Protection Prohibition Order

Environmental protection prohibition order is an important relief method in environmental cases in American judicial practice.At the beginning of the 21st century,China established the prohibition clause in the field of maritime special procedure law and intellectual property law.and in 2012.the first national environmental protection prohibition order was issued by the Wanzhou District Court of Chongqing Municipality.Since then,courts throughout the country are eager to introduce the concept and procedure of environmental protection injunctions in administrative non-litigation procedures,and have developed a template for documents applying for injunctions,but because of the environmental protection injunction procedures,the procedures have been used for reference.It is easy,but lack of in-depth research on the theory of restraining order,the concept,function and value of restraining order are not discussed much by local courts,and the standard of granting prohibition order is not uniform in practice,so it is difficult to carry out the whole country.The exploration of practice in practice also needs to be supported by the academic circles.Therefore,this paper aims at exploring the historical origin of the environmental protection prohibition order in the United States,which is the most successful one in the theory and practice of environmental protection prohibition order.The development path,the realistic predicament and the reason,and combing the process and the practice feedback of our country’s injunctive norm system,prove from the theory angle,the legitimacy and necessity of establishing the environmental protection prohibition order.This article synthetically uses the case analysis method,the economic analysis method,the comparative research method and the historical research method,carries on the analysis to this article question,in order to prove the article central viewpoint:our country should introduce the environmental protection prohibition order,The framework can be used for reference to fill the content of the model for local design.The main body of this paper mainly includes the following four parts:the first part is the introduction part,starting from the first environmental protection prohibition order of our country,abstracts the central question of this article:the standards of the local laws and practices are not unified,the theory is not yet mature,Without a complete prohibition system,it is difficult to popularize it.The second part,through the historical evolution of environmental protection prohibition orders in the United States,The traditional four-element standard and the application mode of the four-element standard are combed to explore the "growing environment" of the environmental protection prohibition order.The third part,through the prohibition norm in the domestic legislation and the exploration of the courts in various places in practice.In order to investigate the prohibition of norms in China’s development.At the same time,compare the similar system in China,prove the necessity of the establishment of the environmental protection prohibition order system;part four,Through the research of the above three parts,it shows that it is necessary and suitable to establish the prohibition order system of environmental protection in our country.This part focuses on the localization design mode to the full text;the sixth part.carries on the summarw draws the conclusion.It is hoped to make some contribution to the construction of our country’s environmental protection prohibition order system,and to promote the practice and development of our country’s environmental protection prohibition order svstem in theory cognition and judicial practice.