Research On Preventive Environmental Civil Public Interest Litigation

At present,the accelerating evolution of the world pattern,social development with each change of day,change of knowledge with each change of day,this decides the extensive traditional development mode cannot adapt to the needs of the current economic and social rapid development,our country begins to walk the road of industry transformation,seek the high quality development.During this process,the high pollution and high energy consumption enterprises have replaced the old and new growth drivers,which has improved the ecological environment to some extent,and our ability to control pollution and protect environment has improved to some extent.However,new environmental problems emerge in an endless stream,and the ability of the government and environmental administrative departments in environmental protection is increasingly insufficient.Therefore,it has become a key measure for ecological protection to take pre-emptive measures to prevent the possible environmental risks in the future.To this end,the Supreme People’s Court formulated and issued the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law to the Trial of Environmental Civil Public Interest Litigation Cases,and clearly stipulated in Article 1 the prevention of environmental public interest litigation,laying a legal foundation for this system.However,in the judicial practice of environmental protection,the system has not played its ideal role.The environmental field is still dominated by damage relief litigation,and the number of cases applying preventive litigation procedure is small.Even if it enters into the preventive litigation procedure,it is easy to be confused with the litigation mode of ex post remedy,and it is still interfered by the traditional litigation mode in essence.The reason lies in the unclear legal provisions on the system,and there are many disputes in the aspects of major risks,rules of proof,and ways of liability bearing.A unified and complete theoretical system has not yet been formed.In order to avoid irretrievable losses caused by major environmental risks,it is necessary to improve relevant systems and stifle environmental risks in advance,so as to reduce the cost of environmental governance and effectively protect the environment.This paper tries to put forward some feasible suggestions in order to promote the study of this system into a new stage.This paper mainly focuses on four parts: the first part is a brief introduction of the specific situation of the case,and around the case to extract the legal issues of research value.On the basis of clarifying the specific circumstances of the case,three issues are discussed in detail,including how to identify the major risk of this system,how to determine the rules of proof,and how to improve the way of liability bearing.The second part is to analyze the legal issues extracted from the case,systematically sorting out the major risks of this system,rules of proof,and related legal theories of liability bearing,to lay a solid legal basis for the conclusion of the research.The third part is the conclusion of the research on the problems raised,and the consummation of the system.On the basis of the first part and the second part,suggestions are put forward from three aspects:clarifying the major risks,constructing the simplified proof path and improving the way of responsibility bearing.The fourth part is mainly in the analysis of cases,literature in the process of other suggestions.This paper puts forward suggestions from two aspects: ensuring the implementation,exploring new ways of judicial protection.