The Tmprovement Of China’s Preventive Environmental Civil Public Interest Litigation System From The Perspective Of Biodiversity Rotection

China is one of the countries with the richest biodiversity in the world.Since the 18 century National Congress of the Communist Party of China,China has been guided by Xi Jinping Thought on Ecological Civilization,established a broad social consensus that “green water and green mountains are invaluable assets”,continuously strengthened the protection of biodiversity,and took the lead in making great progress internationally.However,in general,the situation of biodiversity conservation in China is still not optimistic.Continuing to strengthen biodiversity conservation,improve the biodiversity conservation system,and reverse the downward trend of biodiversity in China are still key work in the field of ecological security in the future.Justice is the last line of defense to protect biodiversity,and it is a necessary means to strengthening and improving the protection of biodiversity.The public welfare embodied in biodiversity protection and the indirectness,severity and irreversibility of biodiversity damage determine that the preventive environmental civil public interest litigation system is the best institutional choice for judicial protection of biodiversity.However,at present,China’s preventive environmental civil public interest litigation system still has the following three problems in dealing with biodiversity protection public interest litigation:Firstly,the connotation of major biodiversity damage risk is not clear;Secondly,the improper distribution of the burden of proof in the public interest litigation of biodiversity protection;Finally,the preventive legal liability of public interest litigation for biodiversity protection is unreasonable.The existence of these problems leads to the failure of the preventive environmental civil public interest litigation system to give full play to the “risk prevention” function in the public interest litigation of biodiversity protection,thus hindering the normal development of judicial protection of biodiversity.In order to further improve the preventive environmental civil public interest litigation system and promote the rapid development of judicial protection of biodiversity in China,it is essential to improve the system from the following three aspects from the perspective of biodiversity protection: Firstly,it is requisite to clarify the risk connotation of major biodiversity damage to ensure that the starting factors of public interest litigation for biodiversity protection are not controversial;Secondly,it is necessary to optimize the allocation rules of the burden of proof in the public interest litigation of biodiversity protection,so as to ensure the smooth process of the public interest litigation of biodiversity protection;Finally,we should improve the preventive legal liability setting of public interest litigation for biodiversity protection to ensure that the implementation of public interest litigation for biodiversity protection is scientific and efficient.