On the Preventive Function Orientation of Environmental Civil Public Interest Preventive Litigation
Based on broad understanding of the principle of prevention first,the functions of environmental civil public interest preventive litigation will cover both preventive function and precautionary function.The object of prevention is imminent environmental damage and relatively certain environmental danger,while the object of precaution is environmental risk with uncertain probability of damage occurrence.In practice,environmental civil public interest preventive litigation still identifies significant risks based on environmental dangers,mainly involving preventive function,rather than precautionary function.In theory,the expansion of environmental civil public interest preventive litigation from preventive function to precautionary function will face three challenges:risk communication limitations,judicial power boundaries,and precautionary mea-sure decisions.In order to exclude the acceptance of cases involving uncertain environmental risks,the courts can optimize the formal review of the conditions for prosecution of environmental civil public interest preven-tive litigation by establishing the review standards of preliminary possible contact.
environmental civil public interest litigationthe principle of prevention firstpreventionpre-cautionsignificant risks
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