Study On The Application Of Judicial Injunction In Environmental Protection

Some courts of our country have successively carried out the practice and system exploration of the judicial injunction of environmental protection,which has direct and effective intervention and correction effect on the environmental infringement that is occurring,able to avoid causing or enlarging losses.There is currently no provision in our law for a judicial prohibition order on environmental protection.Although the Supreme People’s Court has issued a judicial interpretation,in practice the judicial measures taken in the name of an “Environmental protection prohibition order”,its essence is to cover two kinds of norms which are totally different in nature,namely,the judicial injunction of environmental protection,which is applied as the nature of preservation of civil acts,follows the basic rules of the system of preservation of civil acts,however,due to the lack of content to highlight its own uniqueness,it can not completely achieve the goal of preventing ecological and environmental damage in time,and the environmental protection prohibition order,which is applied as the nature of administrative enforcement,it avoids the adverse effects of time consumption caused by general procedures.At the same time,the basis of the claim of the injunction is still controversial.Only by clarifying the legal basis of the claim of the injunction can the application of the injunction be guided by the legal basis of the claim of the injunction.To solve the problem that the proof requirement of the injunction is not reasonable,we should lower the proof requirement of the injunction properly,and adopt the“High possibility” standard and the action condition.In view of the bad symptoms in practice such as confusion and lack of unity,the macro-adjustment direction of the application of judicial injunction of environmental protection should focus on the standardization and institutionalization of application,the implementation of the judicial order of the judge and the implementation of integration.