The Study On The Injunction Systems Of The Environment Protection

Environmental pollution is a formidable infringement that tends to infringe on the physical and property rights of a majority of people who are not specific in the area.Once the damage to life health and the environment occurs,it may be difficult to eliminate or eliminate recovery Cost is huge.From the occurrence of environmental pollution to the final to be stopped,subject to a longer legal period,in the face of a special environmental pollution behavior,the implementation of the environmental protection ban system,to protect the rights and interests of the infringer and environmental benefits.The purpose of this paper is to combine the legal provisions of foreign law,theoretical research and judicial practice in China,and perfect the theoretical research on the system of environmental protection prohibition.Construction of environmental protection ban order to relieve China’s environmental pollution case is necessary,combined with the experience of foreign legal regulations and jurisprudence according to China’s environmental protection prohibition order of the judicial practice,the existing domestic environmental protection prohibition order to build ideas,improve construction of the environmental protection.The environmental protection prohibition order is a people ’s court on the basis of the parties or interested parties to apply,subject to the conditions of the judiciary to make a judicial decision to require the applicant to make a behavior or to prohibit the conduct of a behavior of the preservation measures.There is also a requirement that the environmental prohibition system is outside the domain.The United States mainly adopts temporary injunctions to carry out relief,and temporary injunctions include temporary restraining orders and preliminary injunctions.In practice,Japan has implemented an environmental protection prohibition order,known as a civil temporary application.China’s Taiwan region is called a fake system.In the environmental pollution is becoming increasingly serious,environmental infringement cases gradually increased today,in order to environmental damage in the right to damage the effective relief,some local people’s courts began to explore the application of environmental injunction,at the same time,the Supreme People’s Court in summing up around Judicial practice experience on the basis of the corresponding judicial interpretation.Local courts in the judicial practice of the environmental protection prohibition order of the exploration are also different.The environmental action injunction can be divided into different categories according to the three different classification criteria of the application subject,the procedure and the application time.The nature of the environmental protection prohibition order is analyzed by combining the existing legal provisions and the judicial practice.The nature of the environmental protection prohibition system is defined by comparing the behavior preservation and the pre-implementation system.We believe that the prohibition of environmental protection is essentially a measure of behavioral preservation that aims to prohibit the perpetrators of environmental infringement from continuing to exercise the infringement and to cause irreparable damage to the infringed person,so that the judgment rendered by the court has actual relief significance.The implementation of environmental protection ban in China has its necessity and feasibility.Environmental infringement itself is peculiar,the object of infringement exists diversity,the object of infringement is extensive,the infringement rights and interests are complex,the number of harmful effects is numerous,the consequences of the infringement are irreversible,and the remedy of the damage caused by environmental tort has Urgency,timeliness.Environmental protection administrative law enforcement body itself does not have the right to enforce,its administrative penalty is difficult to enforce.For the environmental case itself is complex,the trial period is long,after the referee made to apply for court enforcement is lagging behind.In the case of judicial interpretation in the case of environmental infringement can apply for behavior preservation measures in the field of intellectual property rights of the prohibition system has also been gradually improved,such special infringement requires a prohibition to protect the rights.In Yunnan,Chongqing,Jiangsu and other courts in the judicial practice also began to implement the environmental protection ban system,and some areas also introduced the corresponding provisions.From the perspective of law and judicial practice,the construction of environmental protection prohibition system already has a certain judicial environment.Procedural justice,balance of interests,rapid and efficient principle is to build the environmental protection ban system of the three principles.The environmental protection prohibition system,as a judicial process,can only achieve substantive justice by a just procedure.The environmental protection prohibition system itself is to solve the existing system under the circumstances difficult to effectively solve the problem of environmental pollution arising from the only environmental protection ban to make the decision to stop environmental pollution in order to achieve the real protection of personal interests and public interest purposes.When making an environmental injunction,the court must,in the course of reviewing the application,follow the principle of balance of interests and balance the interests of the parties.The central content of this paper lies in the construction of the environmental protection prohibition system,and when we construct the system of environmental protection prohibition in our country,we will comprehensively describe a series of procedures for the application of fake and punishments from the application to the ruling in Taiwan.The scope of application and the review of the elements have also been used for reference,the German and Japanese related systems were outlined,combined with the relevant provisions of the system within and outside the domain.Combined with China’s theory and practice,from the jurisdiction,application and review,ruling and its effectiveness,relief and other aspects of the proposed environmental protection ban system to build the concept.From different types of environmental protection order to analyze the application of environmental protection prohibition order.In the application of the main body and the application process in two aspects of the environmental protection ban on the application process.In the court when the environmental protection application for a review of the time,from the main body and the balance of interests of the parties to measure the main point of view.The environmental protection prohibition is made in a ruling manner and is enforced by the enforcement tribunal after the environmental protection prohibition order has been made.When the environmental protection prohibition order makes a mistake,the party has the right of objection and the right to claim.