A Study Of The Preventive Environmental Justice System

In the context of contemporary risk society,environmental damage has great uncertainty,and its occurrence,development and consequences are often difficult to predict accurately,Once,the damage occurs,it may be harmful or even impossible to repair.However,limited by traditional judicial concepts,China’s environmental justice is more based on the actual environmental damage results by adopting post-event relief to respond.Although the preventive function of post-event relief cannot be denied,the role of this indirect prevention in the face of complex and serious environmental problems is extremely limited.In order to effectively solve environmental problems,it is necessary to combine the characteristics and development trend of China’s environmental justice specialization,take the principle of prevention as the concept to improve China’s preventive justice system by examining the problems in environmental risk cases in the judicial process,so as to better enhance important basic role of justice in environmental governance.Based on the above theme,this article is divided into the following parts:First of all,the environmental legislation of our country has clarified the applicable provisions for environmental risk cases,and has a legal basis for preventive environmental justice.It is necessary to further improve the procedural rules of preventive environmental justice to meet the needs of the reform of the sustainable development of ecological civilization in modern countries.According to the operation mechanism of the domestic legal system,in the development concept,we should establish the function orientation of the preventive environmental justice to regulate environmental risk,and give full play to the institutional advantages of the environmental justice and environmental administrative linkage mechanism.Secondly,in the current environmental of judicial practice,the courts are still in the framework of traditional judicial after-event relief,and there are also development dilemmas such as imperfect environmental judicial procedure rules and high technical appraisal cost.Based on the current situation that environmental justice has not completely established an independent litigation procedure,the development of some special procedures should be built into the traditional litigation procedures,and gradually turn to the "five-in-one" specialized development path of environmental justice.Finally,according to the logic of China’s litigation system,suggestions for the improvement of the preventive environmental justice system are put forward.In terms of the adjudication concept,one is to adhere to cost-benefit analysis in individual cases for benefit measurement,avoiding excessive emphasis on environmental protection and affecting the normal order of society,and the other is to grasp the boundary between administrative power and judicial power,and fully respect and use the efficient and convenient environmental administration.The third advantage is to make clear the connection between preventive environmental justice and traditional litigation,and promote the development process of relative independence of environmental justice.On the perfection of procedural rules,the unscientific administrative decision-making and civil activities with great risks should be established as the scope of accepting cases of preventive environmental cases.We should increase the relief way for citizens to file preventive environmental cases in the mode of prosecutor,and take administrative priority and prosecution as the pre-litigation procedures to avoid abuse,realize the diversion of cases,and save judicial resources.We should improve the system of expert assistant and eco-environmental technology investigator,and explore an independent environmental risk identification mechanism within the judicial system,and then improve the responsibility bearing mode of preventive environmental justice by using environmental protection prohibition order to cooperate with stopping infringement,removing obstruction and eliminating danger.Through the improvement of the judicial principles,the scope of cases,the subject of filing,the pre-litigation procedures,the identification mechanism,the way of responsibility and other aspects,the system innovation of procedural law responds to the value requirements of the prevention principle in the substantive law,and broadens the regulation of major environmental risks path to meet the actual needs.