Research On The Improvement Of Environmental Protection Prohibition System

With the development of my country’s environmental rule of law and the development of beautiful China,people’s calls for the prevention of environmental pollution and the pursuit of a better life have become stronger and stronger.Under the guidance of this demand,the three major issues of difficulty in prosecution,difficulty in producing evidence and difficulty in enforcement of environmental public interest litigation need to be dealt with urgently.Regarding the difficulty of prosecution,in practice,the procuratorial organs have launched a pilot work of environmental public interest litigation.They can apply for a reduction or exemption of litigation fees when they initiate environmental public interest litigation,which has achieved good social effects.Regarding the issue of proof and enforcement,research is conducted from the perspective of pre-litigation preventive measures in environmental public interest litigation.The trial period of environmental litigation cases is very long,but the degree of environmental pollution damage will not stop when the case enters the litigation process.How to minimize the realization of pre-litigation prevention of ecological environmental pollution and preliminary ecological environmental restoration are issues that we urgently need to deal with.This article adopts the literature research method,comparative analysis method and empirical analysis method to analyze the status quo of the environmental protection prohibition order system and summarize the problems of the environmental protection prohibition order system;learn the advanced experience of pre-litigation preventive measures in foreign environmental justice and compare analyze the representative countries of the civil law system and the common law system;explore the perfect countermeasures for the environmental protection prohibition system in environmental public interest litigation cases,and contribute to the construction of environmental law and the realization of a beautiful China.This article includes introduction,text and conclusion.Among them,the body part is composed of the following four parts:The first part is an overview of the environmental protection prohibition order system.First,introduce the meaning of the environmental protection prohibition order system,and analyze the environmental protection prohibition order system from the angle of common law system and civil law system;secondly,explain the characteristics of the environmental protection prohibition order system,from the two aspects of ecological civil responsibility socialization and environmental justice system.All aspects clarify the importance of the preventive function of the environmental protection prohibition system.The second part is the status quo and problems of the environmental protection prohibition order system.First,explain the current situation of my country’s environmental protection prohibition order system from the three perspectives of judicial status,substantive requirements and applicable content;secondly,combine the current situation of the environmental protection prohibition order system to analyze the three existing problems: the environmental protection prohibition order system the legal basis is unclear,the substantive elements of the environmental protection prohibition order system are vague,and the applicable content of the environmental protection prohibition order system is not uniform.The third part is the foreign investigation and reference of the environmental protection prohibition order system.First,introduce the civil law preservation system represented by germany and france.Germany’s false seizure and false sanction system focuses on temporarily stopping behaviors,stopping environmental pollution behaviors,and playing the preventive function of the environmental protection prohibition order system.France ’ s emergency trial procedures and application procedures,timely and effective judicial preventive measures to avoid environmental pollution risks;secondly,introduce the anglo-american law system of injunctions represented by the united states and the united kingdom,the united states’ temporary injunctions and preliminary injunctions,to provide environmental protection with strong judicial guarantees,the uk’s blocking and compulsory bans have effectively prevented environmental risks and prevent environmental pollution.The fourth part is the perfect countermeasure of the environmental protection prohibition order system.First,improve the legal basis of the environmental protection prohibition order system,and realize the diversification of the environmental protection prohibition order system request rights,that is,the right to claim infringement is the main,the property right and personality rights are supplemented,and the environmental protection prohibition order system is clearly defined.Functional positioning,to give full play to the role of preventive functions;secondly,reconstruct the physical elements of the environmental protection prohibition order system,and clarify the physical elements of the environmental protection prohibition order system from four perspectives of rights and interests,illegal judgments,damage standards,and internal and external restrictions.Finally,unify the applicable content of the environmental protection prohibition order system,analyze from the two aspects of legislation and region,and unify the review standards and document styles of the environmental protection prohibition order system based on the principle of administrative advancement and the principle of precautionary priority.