Research On The System Of Preventive Environmental Public Interest Litigation

"People do not bear the burden of green mountains,green mountains do not bear the burden of people".In the new historical development,China pays more attention to the protection of the ecological environment,and proposes to protect the ecological environment with the strictest system and the strictest rule of law.However,the current environmental public interest litigation in China focuses on the post relief of ecological environment,so in the construction of relevant legal system,it tends to focus on the provisions of environmental relief,ignoring the provisions of environmental prevention measures,resulting in the judicial practice of specific environmental public interest litigation still using relief thinking to solve environmental problems,and the judicial practice of preventive environmental public interest litigation is difficult to carry out.At the same time,due to the characteristics of irreversibility,sustainability and invisibility of environmental problems,the public,environmental law scholars and the state pay more attention to the prevention of environmental problems,expect to realize the source relief of environmental problems,contain environmental risks at the beginning,preventive environmental public interest litigation emerges as the times require,and gradually develops into an important part of the environmental judicial security system,and becomes the most important part of the environmental judicial security system The important task of improving and developing the socialist environmental protection law with Chinese characteristics.Generally speaking,as a new stage of the development of the traditional relief environmental public interest litigation,the preventive environmental public interest litigation is a new field for the theoretical circle and social practice of environmental protection in China.There are many deficiencies and even gaps in the theoretical research and system design related to it.Therefore,based on the development and design of the current environmental public interest litigation theory in China,it is necessary to comprehensively examine,discuss and analyze the theoretical status,system construction feasibility and possible difficulties of the preventive environmental public interest litigation.It is beneficial to give full play to the preventive environmental public interest litigation in environmental protection,ecological maintenance and green promotion In general,the framework of this paper mainly involves several parts,as follows:The first part is mainly to study the relevant theories of the preventive environmental public interest litigation system.The first is to integrate different scholars' conceptual definitions of environmental public interest litigation system,and combine the concept of "prevention" to define the concept of preventive environmental public interest litigation system,to clarify its connotation;second,on the basis of clarifying its conceptual definition,through making a horizontal comparison with the characteristics of the current environmental public interest litigation system,analyze and summarize the system characteristics of preventive environmental public interest litigation,highlight the progress of the system,and then accurately grasp the superiority of the system;finally,comprehensively analyze the construction of China from both theoretical and practical perspectives.The necessity of preventive environmental public interest litigation system.The second part is mainly to study and analyze the current development of the preventive environmental public interest litigation system in China.First,it analyzes the system from the two aspects of rationality disputes and disputes about the application of the proof of responsibility system,and fully understands the current theoretical disputes about the establishment of the system in the field of environmental law;secondly,it studies whether the relevant legal provisions are systematic and legal.Whether the provisions are complete,understand and know the current legislative situation facing the construction of the system;once again comprehensively analyze the existing judicial status of the construction of the system from the three levels of judicial judgment concept,legal provisions of relevant trial elements and related supporting procedures;Finally,combining the theoretical status,legislative status and judicial status of the current preventive environmental public interest litigation system in China,the purpose of the argument is to improve the significance of the preventive environmental public interest litigation system for the development of China's environmental protection cause in the new period.The third part is to study the system practice of preventive environmental public interest litigation in countries outside the region,and summarize the experience for reference.First,comprehensively analyze and analyze the preventive function of environmental public interest litigation systems in the three countries of the United States,Japan,and Germany from the main elements of litigation,the scope of litigation,and the costs of litigation,etc.,and understand the system practice of foreign countries through longitudinal research;On the basis of the practical situation of the national system,it summarizes the advanced experience of the construction of preventive environmental public interest litigation systems in countries outside the region,which provides a useful reference for China to build this system.The fourth part is to give targeted suggestions on how to perfect the preventive environmental public interest litigation system in China.On the basis of the previous research,from four aspects of restructuring the judgment concept,perfecting the legislative provisions,building supporting judicial procedures and creating a good social atmosphere for the application of the system,put forward a targeted path for how to improve China's preventive environmental public interest litigation system construction suggestions.In order to further ensure that the system can fully play a preventive role in judicial practice,realize the source relief function of environmental protection,effectively reduce the occurrence and spread of environmental problems,promote the continuous improvement of the environmental protection rule of law,and construct a Chinese socialist environmental protection law with Chinese characteristics system.