Research On The Preventive Protection System Of Environmental Civil Public Interest Litigation

With the development of human society,the exploitation of nature by human being deepens as well.However,when human beings keep plundering resources from the nature,unreasonable exploitation also brings a threat to environment,as well as human themselves.In past decades,the focus of environmental protection in China lies on afterwards relief of pollution.In order to better protect the public environment interest,prevent the nature from being irreversibly damaged by pollution,it is a must to endow the public with legal weapons,making it possible to prevent the happening of environmental damage before it occurs in a judicial way.Under this background,the Supreme People's Court published Explanation about Law Application in Environment Civil Public Interest Cases in 2015(Explanation of Environment Civil Public Interest Cases in short),which established a preventive environment civil public interest litigation.This institution endows related authorities and social organization with the right to bring a preventive lawsuit against serious damage risks,which solved environment pollution fundamentally and provided powerful support to protect public ecological rights.As a new institution,preventive environment civil public interest litigation is still imperfect,which resulted in troubles when applied to single cases.Therefore,starting with Green Peacock Case happened in 2017,combined with typical problems in trial,this article proposes several suggestions on judicial application of preventive environment civil public interest litigation.This article is divided into six parts.The first part includes the significance of the topic selection,literature review,research objects and research methods.On the basis of summing up and analyzing the previous studies,it proposes legal issues in the judicial application of the preventive environmental civil public interest litigation system through case studies Start research.The second part introduces the background of the case of Green Peacock and the hearing of the case.And the definition of the "significant risk" of the environmental civil public interest litigation preventiveprotection system reflected in the Green Peacock case is unclear,the plaintiff and the defendant have unclear burden of proof,and the scale of preventive responsibility is difficult to grasp Typical problems are sorted out.The third,fourth,and fifth parts are the main content of this article.In these three parts,the three main issues raised in the second part are analyzed in turn,and on the basis of drawing on relevant theories and judicial practice experience,On how to solve the typical problems reflected in the Green Peacock case,it puts forward the identification standard of the combination of reality,urgency and social tolerance for the determination of major risks;the transfer rules and settings of proof transfer should be applied to the burden of proof of major risks Three recommendations for specific preventive liability rules that are consistent with the scale of preventive liability.The sixth part is based on the prospect of the green peacock case for the preventive protection system of environmental civil public interest litigation.Including the anticipation of the future development of the Green Peacock case and the development expectations of the environmental civil public interest litigation preventive protection system itself.