Practice Review And Improvement Of Preventive Environmental Administrative Public Interest Litigation

The administrative supervision measures based on the principle of risk prevention in environmental law provide the possibility of timely intervention for major or irreversible environmental damage.In procedural law,administrative public interest litigation with public interest maintenance as the main purpose still takes damage relief as the principle,which is difficult to play the preventive attribute contained in it.The biggest difference between risk and danger lies in uncertainty.While damage prevention principle provides a new idea for deterministic environmental risk management,it is difficult to regulate environmental risk.The Party’s twenty National Congress clearly put forward the realistic requirements of "perfecting the public interest litigation system".Therefore,environmental public interest litigation from the perspective of risk prevention principle is the proper meaning of improving public interest litigation system.Due to the lack of institutions and the concept of damage prevention,the existing researches mainly focus on the link elements and the perspective focuses on the construction of frame institutions,which has formed a relatively complete system.However,the basis of the principle of risk prevention lies in risk identification.Currently,the identification and judgment of risks still focus on whether the damage result is significant or not,and it is difficult to get rid of the thinking inertia of determining risks based on actual results.Based on the risk prevention principle and risk uncertainty,we should start from the preventive administrative public interest litigation system itself and risk judgment.From the perspective of legislative practice and judicial application,the status quo and connection between the damage prevention principle and the risk prevention principle are sorted out.Based on the risk prevention principle in environmental substantive law and related procedural legislation,the typical cases are summarized,and the development trend and characteristics that do not match the prevention regulation system are grasped.Based on the existing system constructed by the academic circles and starting from each link,the paper combs out some deficiencies,such as single source of clues,vague standards of major risks,lack of communication in pre-litigation procedures,and difficult self-adaptation of prosecution conditions and burden of proof.In view of the need to regulate environmental risks and the consideration of institutional improvement,through the establishment of major risk judgment system,the establishment of diversified pre-litigation consultation mechanism,the establishment of flexible burden of proof system and other optimization suggestions,to achieve the risk prevention principle and administrative public interest litigation fit,better improve the public interest litigation system,to protect environmental public interest.