Research On The Application Of Environmental Protection Prohibition Orders In My Country

With the advent of the industrial age,the global economy developed rapidly,but with it came a series of environmental damage problems.With the change of development concept,the environmental problems in China have been paid more and more attention.As a new system,the environmental protection injunction can quickly prevent the deterioration of environmental problems,help us to stop environmental problems in a controllable scope,and is of great significance to the protection of environmental ecology in China.Environmental damage cases often involve both public and private interests,specifically.For the public interest,environmental protection injunction is beneficial to ecological security and environmental protection.For private interests,it provides a new right relief channel for the parties involved in environmental damage cases.On the development of environmental protection injunction in our country.Theoretically,there are different disputes about the right source of environmental protection injunction in the academic circle.Scholars hold different views on whether the environmental protection injunction is the right of claim or the right of claim,among which "dualism" is the mainstream view at present.In practice,the people's courts in kunming,zhuhai and wuxi have issued relevant normative documents and gained relevant practical experience in the application of laws.Through sorting out the current normative documents,it is found that there are two kinds of environmental protection prohibitions of different nature in China.Because the legal basis of environmental protection injunction is mainly the part about behavior preservation in civil action.Therefore,this paper discusses the development of environmental protection injunction,which has the nature of civil act preservation.This paper makes an empirical analysis of the cases involving environmental protection injunction in environmental damage from 2014 to 2018 in China.The second is the administrative enforcement measures.The content of "stop infringement" in the judgment of environmental cases is essentially the same as that of the environmental protection injunction.At the institutional level,the current rules on environmental protection injunction are too principled and lack of operability at the legal level,while there are mixed problems at the normative level.The problems are as follows: the confusion of applicable rules,the lack of interest balance standard and the unclear implementation mechanism.In view of the confusion of applicable rules,this paper first discusses the current legal disputes of environmental protection injunction,agrees with the mainstream doctrine of "dualism",and advocates that the dual doctrine can be applied to the rule elaboration of environmental protection injunction,and the civil litigant-judicial interpretation method is adopted to construct the institutional content of environmental protection injunction.For the lack of interest balance standard,we can establish the interest balance standard at the discretion of China's environmental protection injunction on the basis of reasonable reference to foreign experience.The extraterritorial experience that draws lessons from mainly is the intermediate prohibition system of the United States.Under the circumstance of simulating the transplanting of four elements of law,this paper discusses the reference of the interlocutory injunction system to China.On the basis of our country's historical experience,this paper puts forward a case guidance mechanism to visualize the relatively abstract measurement standard.As for the unclear enforcement mechanism,it is advocated that the people's court can form a linkage mechanism with the administrative organs and relevant social organizations to improve the efficiency of judicial execution,save judicial resources and promote the efficient implementation of environmental protection injunction.