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.
关键词
预防性环境民事公益诉讼/环境污染/环境侵权/风险预防/环境健康风险
Key words
preventive environmental public interest litigation/environmental pollution/environmental tort/risk prevention/environmental health risk
维普
万方数据