On The Improvement Of Preventive Environmental Civil Public Interest Litigation

In recent years,the situation of environmental protection in China is serious,and the outbreak of mass incidents related to environmental protection is increasing,and it completely exposes the lack of the environmental protection prevention function caused by the design of the "tort law" based on the remedy.Therefore,the emergence of preventive environmental public interest litigation is inevitable.The preventive environmental civil rights litigation has broken down the traditional tort liability act,which requires the actual occurrence of damage,and faces the "uncertainty" present in the current risk society.China first established a precautionary principle in the ecological environmental protection act.Therefore,preventive environmental public interest litigation refers to the lawsuit that any citizen,legal person,public entity,or national institution brings to the court for reasons to protect the public interests of the environment.However,in the theoretical and realistic field,there is a voice of the opposition party,and there is no environmental protection public interest litigation,and some people think that the environmental protection public action litigation continues to apply the relevant provisions of the tort law.And the negative of proofs It is not easy to act in judicial practice as a result of the preventive environment of the Chinese environmental public litigation suit.And,many factors in the judicial practice cause the development of the environmental protection public action litigation in China.For example,in the process of lawsuits,the court adopts the lack of experience in trial and enforcement in the case of Chinese traditional tort law.In the face of existing difficulties,we believe in protecting the ecological environment and considering economic development,supporting the principle of prevention and obeying the principle of judicial independence and the principle of proportion.We extend the scope of plaintiff,clarify the implications of the precautionary principle,clarify the criteria for environmental damage,and improve the environmental and public utility system for environmental protection from the legislative point of view.With the aim of optimizing public utilities and resolving and resolving difficult problems from multiple angles,the aim of this study is to obtain the objectives of the interests of the public interest and the ecological environmental protection that can clarify the obstacles to the development of the legal procedure of the preventive public interest litigation act.