Research On The Identification Of Significant Risk In Prevent Civil Public Interest Litigation

The particularity of environmental risk in the context of risk society requires that environmental litigation should not only remedy the environmental damage that has occurred,but also regulate the environmental risk that has not yet caused damage.It is necessary to set up the system of civil litigation for protecting environment based on the requirement of regulation of environment risk.Therefore,it is necessary to realize the prevention function of environmental public welfare lawsuit,and to promote the transition of environmental justice from harm relief to risk prevention.The major risk forms the acceptance range of the preventive environment civil welfare lawsuit,and the identification of the main risk is the key.In judicial practice,the focus of disputes in cases also focuses on the identification and judgment of major risks.However,major risk is an uncertain concept,which is not clearly regulated by law.The difficulty of identification of major risks has been the main cause of the low number of cases and the lengthy trial period.At present,there are problems such as unclear nature,lack of types,unclear judgment standards,unclear certification rules for determination,and insufficient professionalism for determination of major risks.Major risks belong to environmental risks.According to the three-point theory of environmental risks,“risks” should be judged as dangerous,and major risks are classified into environmental pollution risks and ecological damage risks,and the environmental standard system and ecological protection red line system are improved.The determination of risks provides corresponding references;the cause of major risks does not require illegality,the result of the behavior should put the ecological and environmental interests in danger of being damaged,and there should be a causal relationship between the cause and the result;"significant" in major risks.On the one hand,it requires a high probability of damage,and on the other hand,it requires that the severity of the possible damage should be serious and irreversible;in terms of proof rules,the principle of causality is applied and the standard of evidence of high likelihood is established;in the event of significant risks,a value judgement should be established in the identification procedure,the professionalism of major risk identification should be improved,and the environmental judicial appraisal system should be improved to provide guarantee for the identification of major risks.