Research On Preventive Environmental Public Interest Litigation In Judicial Practice

Ecological environment is the basis of survival,the foundation of the people’s livelihood,the source of development,with the continuous development of social economy,the negative externality impact on the ecological environment,environmental problems also more and more serious,to coordinate the relationship,deal with the whole human environment system for scientific environmental management,so environmental public interest litigation arises at the historic moment.Environmental public interest litigation is the judicial way of environmental public interest protection,which should include the dual functions of prevention and relief.However,from the perspective of current judicial practice,China’s environmental public interest litigation has obvious characteristics of afterrelief.Combined with the typical characteristics of high restoration difficulty and high cost of ecological environment after damage,environmental problems can be fundamentally solved only by preventing from the source and changing the concept and way of environmental relief.According to the statistics and analysis of the preventive environmental civil public interest litigation cases since the implementation of the Environmental Protection Law,Preventive environmental public interest litigation in China has some problems,such as the judge being vulnerable to the shackles of the tort law,the lack of the spirit of independent judgment and the lack of understanding of the relationship between economic development and environmental protection;In judicial practice,there are many deficiencies,such as ambiguous judicial identification,the burden of proof of the defendant is not clear,and the way of responsibility to be expanded,These deficiencies are an important reason for the slow progress of the judicial practice of preventive environmental public interest litigation;besides,incomplete litigation operation mechanism,lack of connection mechanism with environmental law enforcement and other judicial procedural defects,Judicial protect preventive environmental public interest litigation.In the face of these problems,the author believes that we should uphold the preventive principle,independent judicial independence and give consideration to economic development and environmental protection,to set up the correct judgment concept;clarify the connotation of prevention,distribute the burden of proof and apply the diversification of responsibility to ensure the judicial procedure of preventive environmental public interest litigation,so as to better protect the environmental public interests.