Identification Of Serious Risks In Preventive Environmental Public Interest Litigation

The identification of serious risks is a prerequisite for preventive environmental public interest litigation,which is conducive to truly implementing the precautionary principle of environmental law in the judicial process,improving the risk regulatory system,and breaking through the principle of no harm,no relief to respond to the needs of the public to protect the environment.At present,there are issues such as unclear connotation,subject dislocation,and lack of proof standards in the identification of serious risks in preventive environmental public interest litigation,resulting in a rare number of related cases in judicial practice,and the identification process and methods are also different.The risk society has enabled administrative agencies to assume responsibility for risk assessment and risk management,thereby expanding administrative power.However,the uncertainty of risk itself,as well as the complexity of various economic interests,will inevitably lead to various disputes over risk identification.In the face of disputes,the identification of serious risks has gradually been explored in the judicial field,and relevant legal theories have also been continuously improved.This article is divided into four chapters,specifically elaborating on the identification of serious risks from four perspectives.The first chapter mainly discusses the connotation of identifying serious risks in preventive environmental public interest litigation.Through the development of environmental public interest litigation,it has been discovered that changes in social public interests also change with the development of the social economy.The object of environmental public interest litigation protection has gradually shifted from private interests to public interests,from protecting human interests in the environment to maintaining the value of the ecological environment itself,thus laying a theoretical foundation for preventive environmental public interest litigation.Under the framework of preventive environmental public interest litigation,the essence of major risks is actually environmental risks,and the degree of risk needs to be considered in a coordinated manner with the consequences of damage,Scientific and reasonable identification based on relevant evidence by the subject with the right to identification is of great significance for protecting the environment.After defining the connotation of identifying serious risks,Chapter 2 defines the subject of serious risks in preventive environmental public interest litigation.This chapter discusses the ways in which different entities define major risks,with a focus on comparing the ways in which administrative and judicial authorities define risks.Although administrative authorities have many inherent advantages in defining risks,the determination of major risks is itself a legal issue and should be led by judicial authorities.Administrative authorities cooperate with judicial authorities to provide various proof materials during the determination process.The third chapter mainly defines the certification standards for identifying serious risks.According to legal regulations,clarify the reality and urgency of major risks,comply with environmental quality standards,environmental benchmarks,and relevant legal systems to provide a scientific and reasonable proof standard for the identification of major risks.The fourth chapter defines the procedure for identifying serious risks in preventive environmental public interest litigation,discusses that the rules of proof should distinguish between private interests and public interests,and needs to improve the supporting procedures for identifying serious risks.