Study On The System Of Environmental Injunction

Environmental injunction is the civil orders issued by courts to actors who pollute ordamage environment according to applies of parties before the final decision, which mainlyconsists of prohibiting actors from harming environment or requiring them to adopt someessential measures. Under the premise that absorbing general civil procedure rules, it is aninjunction before or in a litigation based on the basic principle and framework of current civillitigation, which aimed to prevent harmful acts related to environment opportunely.In light of theoretical foundation, the system of environmental injunction is reply tofairness, justice, efficiency and other value elements of the “good law”, and satisfies therequirements of parties such as remedies and environmental protection. In light of practicalfoundation, the elevation of environmental conscious of public expand its mass foundation;the development of theory and the advance of practice of environmental public interestsaction enriches its applicable expansion; the summary of experience of experimental unitprovides fresh materials for its theoretical studies, and points out the direction of design ofprocedural regulation.Procedural justice and the balance of interests are two basic principles of the system ofenvironmental injunction. Based on two fundamental faces of procedural justice, thestructural justice of the procedure of the system of environmental injunction demandsrighteous arrangement of litigant rights and duties. On the other hand, the executive justice ofthe procedure of the system of environmental injunction requests equal appliance of law,adequate participation and timely judgments. The diversity of related interests decides that thelegal expression of interests of the system of environmental injunction reflected as compositeredeployment of diverse interests. Its basic method is valuable judgment, and its standard isthe necessity of benefit protection, the justifiability of purpose, the acceptability ofconsequence and the maximum use of resources. The system of environmental injunctionarrange sufferers, the injuring party and social public interests orderly in reason, and expressin the law in the form of interest right.The system of environmental injunction consists of five parts that the start of procedure,the trial of case, the judge of applies, the enforcement of rules and the opposition ofjudgments. Litigant’s apply is the only way to start the procedure of environmental injunction.Comprehensive remedies and the object of high efficiency determine that its condition to apply is quite low, namely, as long as there are two basic elements, litigants and cause in fact.The investigation of these two elements is formal. Instructed by high efficiency and greaterconvenience to the people, an injunction before litigation should be dominated by the court ofplace of the torts or domicile of the applied party; an injunction in litigation should bedominated by the court which hears this case. In consideration of value pursuit, proceduralstructure, protection of the applied party and the characteristic of protest of jurisdiction, theinquisition of environmental injunction should exclude the appliance of protest of jurisdiction.Weighed by the substantive rights and applies, direct sufferers of environmental damages areall suitable applicants, but it is meaningful to allow environmental department in charge andsome qualified environmental organizations to apply a injunction. Under the principle ofcompulsory guarantee, the amount of guarantee should be limited in the scope of directdamages of applied parties, meanwhile, the court should determine it after efficientinvestigation of evidences provided by applied parties and combine with the case as well asthe economic situation of applicant.Unless emergency things, if the applicant is suffered from continuous and irrecoverablehurt, the court should make a judgment timely and efficiently on the foundation of weighinginterests of each side and the probability to win a lawsuit. The court should listen to theapplied party’s statement and explanation, as well as cross-examination. On the view of thenature of judgment, litigant dependency and the characteristic of execution power, thejudgment of environmental injunction should be start with apply, the court cannot execute byauthority, and cannot stop execution because of the guarantee by the applied party. In casethat the applied party did not perform his irreplaceable obligation, penalty or arrest should begiven. Litigants can protest in the form of retrial as long as he is unwilling to accept thejudgment. The applied party is authorized to request the court to cancel the judgment, if theapplicant did not prosecute an action in legal time limit. If there are damages caused byapplicant’s miss, the applied party is authorized to apply for damages.