Research On Preventive Environmental Civil Public Interest Litigation

Environmental public interest litigation aims to comprehensively protect the public interest of the environment from infringement,however,the current environmental civil public interest litigation in China shows an attempt to replace the restoration of environmental functions with economic punishment,which obviously cannot effectively protect the public interest of the environment.In the face of the shift between "restoration" and "risk prevention" in ecological environmental protection,preventive environmental civil public interest litigation can gradually eliminate the inherent tension between the two.The "Green Peacock Case," "Five Small Leaf Maple Case," and "Yunnan Oil Refinery Case" have already brought preventive environmental civil public interest litigation into judicial practice,but through a review of the current preventive environmental civil public interest litigation On the one hand,it is difficult to effectively identify the "significant risk",unreasonable allocation of the burden of proof,and the queer way of assuming preventive liability.On the other hand,there is a defect in the understanding of the positioning of the preventive environmental civil public interest litigation system,which is regarded as a supplement to the environmental tort litigation,which is not in line with the expectation of the system,and also makes the environmental administrative law enforcement not receive due attention.In this regard,we must analyze the principle of the preventive environmental civil public interest litigation system from the jurisprudence level,and based on this,on the one hand,reasonably propose the rules for determining the "significant risk",the rules for distributing the burden of proof and the innovative way of liability for the preventive environmental civil public interest litigation,in order to realize the principle of preventive protection,supplemented by damage relief.On the other hand,based on the concept of "prevention",we should fully respect the principle of administrative priority and position it as a supplement to "environmental administrative enforcement" to make up for the shortage of environmental administrative enforcement.And from the environmental administrative law enforcement as a pre-litigation procedure,the seamless integration of liability and administrative law enforcement and the reasonable arrangement of the sequence of litigation and other aspects to improve.Finally,through the unification of the above two aspects,in order to maximize the protection of environmental public interests from damage.