Major environmental risks in the preventive environmental civil public interest litigation are future-oriented and uncertain,whose identification and handling require both scientific assessment and a comprehensive consideration and coordination among people's wellbeing,economic development and ecological conservation.Empirical studies show that from the actual situation of judicial trial,it is found that there are some inconsistency in the judgment,identification and handling of"major risk",in terms of the core concept,the subject and judgment standards,the time of existence,the illegality of the cause of action,burden of proof and,its allocation,and the allocation of responsibilities for prevention and control,among others.Inadequate legal supply,and dislocation of the types of litigation,identification methods and the subject prove to be the key causes of the.difficulties in identifying major environmental risks.In this regard,legislation should focus on improving preventive environmental administrative public interest litigation on the basis of an enhanced legal supply,respecting administrative judgments on environmental risks and their prevention while effectively supervising the administrative management of major environmental risks.The identification method for major risks and the design of the system should adhere to the objective laws and social demands of major environmental risks and their prevention,with an aim to be scientifically sound and reasonable.The identification of major risks should be primarily led by the courts,with the involvement mechanisms of administrative organs,experts and stakeholders being improved.
关键词
预防性环境公益诉讼/生态环境重大风险/风险认定/风险防控
Key words
preventive environmental civil public interest litigation/major environmental risk/risk identification/risk prevention
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