The broad and stringent standards for the application of preventative liability in environmental public interest litigation are essential elements influencing the effectiveness of judicial governance of environmental risks.Judicial practice and theoretical research on the application of preventative liability follow a logic path from"harm prevention to risk prevention."However,the disorder in the application rules have led to a rising trend of expansive application.Preventative liability,as a judicial measure to regulate environmental risks,primarily aims to address the the allocation of responsibilities for environmental risk actors and plug administrative loopholes.While the principle of risk prevention,as the basis for applying preventative liability,can effectively address the attribution of environmental risks,the potential for overly broad application arises due to the abstract nature and lack of specific operational standards resulting from the broad identification of environmental public interests,the virtual placement of illegal elements,the abandonment of causality determination,and the diversity of liability forms.Therefore,starting with the protection of environmental public interests,it is necessary to construct the constituent elements of preventative liability,including the illegality of environmental risk behavior,the factual status of major risks,and causality.This will effectively limit the scope of subjects liable for preventative civil liability to prevent arbitrary infringements on other legitimate interests by environmental judiciary.
关键词
环境民事公益诉讼/重大风险/预防性责任/因果关系/环境风险
Key words
environmental civil public interest litigation/major risk/preventative liability/causality/environmental risk
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