| In the society of rapid development in economy and science,the problems of ecological destruction and environmental pollution are humans’ lingering nightmares.In recent years,great achievements of legislation and judicature have been made in environmental protection career in China,the concept of "environment is valuable,and damage to the environment requires liability" has been wildly accepted by people.In Chinese judicial practice,most of the environmental public interest litigation cases focus on the compensation disputes of ecological environment damage.Only a few cases focus on the risk of damage to social public interest,and the preventive environmental public interest litigation system is rarely applied.The damage of ecological environment is irreversible.If we didn’t prevent it’s risk,the cost of ecological environment repair would gradually rise,even resulting in incalculable loss.Therefore,in the face of the uncertain risk of ecological environment damage,people should take action under the Precautionary Principle to reduce the possibility of risk as much as possible.The preventive environmental public interest litigation system aimed at the major risk of damaging the public interest of ecological environment.At present,it was still facing the limitations of traditional tort law theory,vague starting elements of litigation and unclear burden of proof and other difficulties.This paper started with the analysis of the concept of preventive environmental public interest litigation,and analyzed the value and significance of the system.Then the author summarized the experience of regulating ecological environmental risks in the United States and Germany.After that,the author listed typical cases and demonstrated problems.Finally the paper proposed three suggestions to improve the preventive environmental public interest litigation in China. |
