Research On Preventive Environmental Public Interest Litigation System In China

In many fields of modern society,there are risks everywhere,and environmental risk is gradually becoming a kind of typical risk.In order to regulate such risks,China’s environmental rule of law is also constantly strengthening the preventive function.Environmental public interest litigation should not only focus on the relief after the event,but also strengthen the prevention in advance.However,in judicial practice,the environmental public interest litigation system is based on the civil tort system,with the characteristics of ex post relief,and the function of preventing environmental damage has not been reflected.Under the double regulation of environmental public interest litigation,environmental civil public interest litigation is bound by the civil tort system,the judicial determination of major risks is vague,the burden of proof of both the original and the defendant is not clear,and the way of liability needs to be expanded.as a result,it is difficult for environmental civil public interest litigation to achieve the function of preventing environmental damage.In the environmental administrative public interest litigation,there are some problems,such as the lack of the concept of risk prevention and the lack of process review mechanism for administrative acts,so that it has not yet broken through the characteristics of ex post relief.Due to the problems exposed by preventive environmental public interest litigation,it will not be able to effectively exert the preventive value of environmental public interest litigation.On the basis of reflection,this paper analyzes and summarizes the experience of foreign countries in regulating eco-environmental risks,and puts forward feasible suggestions for the development of preventive environmental public interest litigation in our country.Under the double-track operation mechanism of the people and the bank,this paper puts forward perfect suggestions on the existing preventive environmental civil litigation system from the two aspects of environmental civil public interest litigation and environmental public interest litigation in our country.to build a preventive environmental administrative public interest litigation system that can be sued against illegal administrative acts that cause significant environmental risks.So as to further ensure that the preventive environmental public interest litigation system gives full play to the preventive role in judicial practice and realizes the source relief function of environmental protection.