The Moderation of the Risk Prevention Principle in the Application of Environmental Judicial Practice
The judicial application of the risk prevention principle in current environmental law navigates between activism and restraint,revealing an inclination towards excessive activism in its application.The concept of"moderation"serves as a theoretical response to the application of the risk prevention principle,establishing its legal basis through the interpretation of normative foundations,inherent limitations,and judi-cial attributes of the principle.The moderation of the risk prevention principle's application in environmental law can be deconstructed into four elements:supplementarity,limitation,tolerance and introspection.This leads to the deduction of a systematic framework for the moderated application of the risk prevention principle in environmental judicial practice.On the substantive aspect,it is essential to embody the risk prevention principle in environmental codes and to invoke it only when scientific uncertainty exists in comparison with ecological risk standards.Its application excludes special emergency situations and non-reducible rights,fol-lowing a typified approach that favors broad interpretation.On the procedural aspect,during the litigation advancement phase,a party-centric litigation model should be strictly adhered to,incorporating a phased bur-den of proof and typified pre-litigation procedures.In the case adjudication stage,judicial application should remain within the confines of established facts and provide additional reasons when invoking the risk preven-tion principle.
preventive environmental public interest litigationsignificant riskrisk prevention principlemoderationenvironmental judiciary
NETL
NSTL
万方数据
维普
