Theoretical Explanation and Procedural Construction of Environmental Tort Injunction
The court's practice of issuing an injunction against environmental infringement in the form of behavioral preservation has been recognized by judicial interpretations,but it is difficult to truly achieve the functional goal of the injunction.The theoretical premise of clarify-ing the procedural attributes of injunction is to clarify the operational logic of environmental rights.The practical difficulties of the injunction to a certain extent reflects its system effectiven-ess is not high,the reason is that the behavior of the preservation and injunction of the confusion ignores the essential difference between the two,can not meet the ecological environment to pre-ventive protection of the reality of the demand.The procedural path of environmental infringe-ment restraining order is a slight procedure,following the underlying logic of preventive protec-tion of environmental rights,omitting the substantive hearing of the judge's link,and quickly make the implementation of the name,the ultimate goal is to realize the preventive protection of ecological environment in emergency situations.Most of the environmental infringement beha-viors harm the social public interest,the construction of the procedural rules of the injunction should be consistent with the requirements of the protection of public interest,and at the same time,give the respondent the minimum procedural safeguards.
万方数据
维普
