环境保护禁令制度研究环境与资源保护法学专业论文.docxVIP

Abs Abstract 1 1 2 2 Environmental injunction is the civil orders issued by courts to actors who pollute or damage environment according to applies of parties before the final decision, which mainly consists of prohibiting actors from harming environment or requiring them to adopt some essential measures. Under the premise that absorbing general civil procedure rules, it is an injunction before or in a litigation based on the basic principle and framework of current civil litigation, which aimed to prevent harmful acts related to environment opportunely. In light of theoretical foundation, the system of environmental injunction is reply to fairness, justice, efficiency and other value elements of the “good law”, and satisfies the requirements of parties such as remedies and environmental protection. In light of practical foundation, the elevation of environmental conscious of public expand its mass foundation; the development of theory and the advance of practice of environmental public interests action enriches its applicable expansion; the summary of experience of experimental unit provides fresh materials for its theoretical studies, and points out the direction of design of procedural regulation. Procedural justice and the balance of interests are two basic principles of the system of environmental injunction. Based on two fundamental faces of procedural justice, the structural justice of the procedure of the system of environmental injunction demands righteous arrangement of litigant rights and duties. On the other hand, the executive justice of the procedure of the system of environmental injunction requests equal appliance of law, adequate participation and timely judgments. The diversity of related interests decides that the legal expression of interests of the system of environmental injunction reflected as composite redeployment of diverse interests. Its basic method is valuable judgment, and its standard is the necessity of benefit protection, the justifi