Practical Inspection and System Optimization of Preventive Environmental Civil Public Interest Litigation
The shift from damage relief to risk prevention is an inevitable trend.In this context,China's environmental civil public interest litigation has gradually extended from the compensation public interest litigation centered on the subsequent damage compensation to the preventive public interest litigation with the goal of risk prevention in advance.It will help to improve the preventive function and governance efficiency of public interest litigation by focusing on the judicial practice,investigating the operation status and practical difficulties of preventive environmental civil public interest litigation,and exploring the system optimization path that fits the characteristics of such litigation.Specifically,it encompasses the expansion of relief scope of preventive environmental public interest litigation to include not only the ecological environment risks but also the environmental health risks.It also entails optimizing the judicial identification rules pertaining to"significant risk",enhancing environmental quality standards and risk assessment mechanisms,with particular emphasis on safeguarding human health.Additionally,it involves reasonably allocating the burden of proof for both parties,clarifying the distinction between"correlation"and"causation",and applying the standard of"dominant evidence"to plaintiffs who bear preliminary burden of proof.
preventive environmental public interest litigationenvironmental pollutionenvironmental tortrisk preventionenvironmental health risk
万方数据
维普
