Research On The Construction Of Preventive Environmental Administrative Public Interest Litigation Syste

Since the introduction and implementation of the Environmental Protection Law in 2014,the concept of "protecting the environment and taking responsibility for damage" has gradually gained popularity.However,a growing number of environmental incidents and judicial practices have shown that many environmental damages have already been identified before they occur,and if they are not prevented at this point,they are likely to be irreversible or too costly to repair once they have actually occurred,making the ex post facto model of pursuing liability after the environmental damage has actually occurred difficult to fill in all environmental damages.Subsequently,China established a preventive public interest litigation system in civil litigation as a means of preventing significant environmental risks in the civil litigation arena.However,a problem often arises in such cases where civil actions with a significant risk of harming the environmental public interest are stopped,but the administrative actions behind them are not dealt with and eventually go unanswered.The reason for this is that the law does not clearly provide for a parallel system of preventive environmental administrative public interest litigation,which makes it impossible in judicial practice to stop acts by administrative authorities that pose a significant risk of harming the environmental public interest in a timely manner.Therefore,for the purpose of protecting the environmental public interest,preventing major environmental damage and supervising the administrative authorities to perform their duties in accordance with the law,a preventive environmental administrative public interest litigation system should be established.This article is divided into four main parts.The first part provides a brief overview of the basic connotation of the preventive environmental administrative public interest litigation system.By clarifying the difference between the preventive and precautionary functions,it discusses that precaution here is a measure to prevent major environmental risks,and only targets major environmental risks,and on this basis briefly explains the scope of application of the litigation system.The second part starts from the relationship between the administrative power and the judicial power in the field of environmental protection,and clarifies the relationship and status of the two in the field of environmental protection from both theoretical and legal perspectives.The third part of the paper is a review of the judicial power in the field of environmental protection.In the third part,the theoretical and practical analyses of the three litigation systems that are highly relevant to the preventive environmental administrative public interest litigation system are presented,discussing the misalignment of the functions of the preventive environmental civil public interest litigation,which is also part of the preventive public interest litigation system,the problems of the legal recognition,proof and prosecution subjects of the preventive environmental administrative public interest litigation,which is the basis of the system,and the problems of the environmental administrative public interest litigation,which has a partially overlapping scope of application.In addition,the environmental assessment litigation can only protect private interests in practice,and the case of the Green Peacock in Yunnan,which is a representative case of public interest litigation,shows that the construction of a preventive environmental administrative public interest litigation system can make up for the shortcomings of the existing legal system in practice.The fourth part builds on the third part,and demonstrates the need for such a system.The fourth part,based on the third part,addresses the problems of the litigation system in practice and proposes to strengthen its legal basis through judicial interpretation or legislative improvement,to give social teams the right to sue and expand the subjects of prosecution,to improve pre-litigation procedures such as prosecutorial recommendations and injunctions,and to determine the rules of evidence such as the allocation of the burden of proof,in order to provide feasible suggestions for the construction of a preventive environmental administrative public interest litigation system.