Research On Preventive Environmental Civil Public Interest Litigation

In risk society,especially in today's increasingly serious environmental risk,there is no doubt that prevention is better than remedy.However,at present,our country's environmental civil public interest litigation aims to achieve remedy afterwards for environmental damage,ignoring the prevention in advance and the root causes of the behavior itself.Although it can't be said that there is no preventive remedy at all in post-event environmental civil public interest litigation,the provisions on this are very general.In the absence of a clear basis,judicial practice has automatically classified it into the ranks of indirect prevention,so the role of prevention in the entire aftermath environmental relief system is negligible,which makes the environment not fully and effectively protected.Preventive environmental civil public interest litigation has the function of breaking through actual damage and preventing in advance,so it plays an irreplaceable role in environmental prevention and protection.In order to solve the problem of environmental protection effectively and pay attention to prevention,this paper aims to construct a practical preventive environmental civil public interest litigation system,in order to make up for the deficiencies of the current environmental civil public interest litigation system and better safeguard national and social public interests.The full text is divided into four parts.The first part is an overview of the concept,the characteristics of preventive environmental civil public interest litigation,the differences between preventive environmental civil public interest litigation and post-event environmental civil public interest litigation,and the function of preventive environmental civil public interest litigation.The second part is a detailed introduction of the system of preventive environmental civil public interest litigation in foreign countries,which provides important reference value for the construction of preventive environmental civil public interest litigation in China.The fourth part is to break the shackles of the traditional afterwards relief system.Based on the characteristics of the preventive environmental civil public interest litigation,the preliminary construction of the preventive environmental civil public interest litigation system includes the scope of accepting cases,jurisdiction rules,plaintiff qualification,distribution of burden of proof,litigation costs,judgment effectiveness,adjudication methods and preventive enforcement.Through this more close to the purpose of prevention and protection,we can enhance the operability of preventive environmental civil public interest litigation in judicial practice and achieve the optimal protection of the environment.