Theoretical Dilemma,Procedural Logic and Optimization Path of Environmental Protection Injunction System
Although there have been attempts to standardize the interpretation of the environmental protection injunction,an important measure for judicial service and protection of ecological civilization,the mode of conduct and procedural effects have deviated from the direction of the concept of preventive protection.Existing research to choose the intermediate injunction system or personality right in-junction system as a theoretical reference attempt,ignoring the fact that environmental protection injunction roots in behavioral preserva-tion and it should have a specific implication of the civil procedure field.Environmental protection injunction emphasizes that ordering the respondent not to perform certain acts is a reflection of environmental justice modesty.The application of the legal theory of the slight procedural review of environmental protection injunction,and the differentiated application of inspection according to the different types of ecological environment cases,party statement and other methods of evidence,can fill the existing norms of the queue,meet the requirements of preventive justice.At the same time,the court's adjudication should revolve around the right of preservation under the right of request in this case,introduce hearing procedures,and give the parties means of objection,providing effective rules and guar-antees for the construction of ecological civilization judicial protection and service system.
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