The Predicament And Outlet Of China’s Environmental Protection Prohibition Order

According to the local courts,the environmental protection injunction,which is a preventive and temporary remedy in the field of ecological protection,actually contains two distinct norms: one is a civil action preservation injunction,which follows the basic norms of the civil action preservation system.Since its inception,however,it has remained "dormant" for a long time.It was not until 27 December2021 that the Supreme Court issued the "Several Provisions of the Supreme People’s Court on the Application of Injunctive Preservation Measures in Ecological and Environmental Tort Cases"(hereinafter referred to as the "Provisions"),which had significant implications for the establishment and improvement of the environmental protection injunction system in the nature of environmental civil conduct preservation.However,the contradiction between the legislative design of environmental protection injunction and the function of injunction based on the civil act preservation system has determined that the civil act preservation injunction cannot fully achieve the purpose of timely stopping ecological and environmental damage;while the other type of environmental protection injunction is non-contentious administrative enforcement,although this type of environmental protection injunction has been applied in judicial practice.Therefore,by exploring the historical origin of environmental protection injunctions in China and by comparing and studying environmental protection injunctions in overseas countries,we should explore the environmental protection injunctions that are truly suitable for the sustainable development of China’s environment.At the macro level,the three principles of balance of interests,rights and remedies,and promptness and efficiency are adhered to,and the way forward for environmental protection injunctions is explored.On the micro level,we will discuss the classification.In the case of civil injunctions,the first step is to break away from the framework of the civil injunction system and build an independent civil injunction system for environmental protection.In terms of the specific system,as the interests infringed by environmental infringement are not only private interests but also public interests,the environmental protection injunction procedure needs to be constructed in a binary manner,distinguishing between the general procedure to protect private interests and the emergency procedure to protect public interests,and choosing the appropriate injunction procedure according to the interests harmed by environmental infringement.The first thing that needs to be done is to clarify the nature of the environmental protection injunction in the context of non-contentious administrative enforcement.As a preparatory procedure for non-contentious administrative enforcement,it not only has the characteristics of non-contentious procedures,but also has some of the characteristics of litigation procedures.In the process of system construction,the application,review,enforcement and remedy of environmental protection injunctions are regulated in accordance with the unidirectional structure of "application by the administrative organ-review by the court".