Research On The Preventive Environmental Civil Public Interest Litigation In China

In the context of the development of Chinese social and industrialization,environmental risk is becoming one of the main social risks facing China.Since the "precautionary principle" was taken as the basic principle of the legal construction of environmental protection in the new Environmental Protection Law in 2014,China has gradually shifted from post-relief to both prevention and relief in the field of environmental protection.The environmental civil public interest litigation is an important judicial system for environmental protection,but but it cannot play the function of preventing environmental damage.In fact,environmental public interest litigation can deal with those ecological environmental events that cause damage.When the law is perfected,it can also play an important role in preventing environmental risks.I demonstrate this point in five chapters.The first part of this paper is the introduction.In this part,I first explain the realistic background of choosing this topic and explore the theoretical and practical significance of choosing this topic.Secondly,I analyzed relevant literatures and dometic and foreign research materials.On this basis,I conducted a literature review.The second part is the basic theory analysis.In this part,I first analyzed and summarized the basic theories of the system,such as the concept and basic characteristics,through comparative research and literature research.Secondly,I discussed the particularity and importance of the system.These steps have deepened my understanding of the purpose of the topic and explored the significance of choosing this topic.In the third chapter,I analyze the current legislation and judicial practice of the preventive environmental civil public interest litigation system in China.Then I selected three typical cases of litigation against environmental risks for analysis.In the fourth chapter,combined with the content of the third chapter,I summarized the specific problems existing in realizing the prevention function of China’s environmental civil public interest litigation system.In the fifth chapter,I put forward my own solutions and specific suggestions for the problems found in the fourth chapter,and analyzed the feasibility of these suggestions.