论预防性环境民事公益诉讼永久禁止功能的实现

预防性环境民事公益诉讼属于停止侵害诉讼,旨在通过判决及其执行永久性禁止未来侵害行为,实现对重大生态环境风险控制.基于我国规范出发型的裁判模式及环境司法"审执合一"的专门化探索,通过比较德国停止侵害诉讼与美国禁令救济的运行机理,有必要通过审执协作,体系化地扩大停止侵害判决辐射范围,以实现预防性环境民事公益诉讼的永久禁止功...

On the Realization of Permanent Prohibition Function of Preventive Environmental Civil Public Interest Litigation

Preventive environmental civil public interest litigation belongs to the category of permanent injunction litigation,which aims to permanently prohibit future infringement through judgment and enforcement,so as to control major ecological and environmental risks. Based on China’s standardized judgment mode and the combining of trial and enforcement in mechanism of environmental justice,comparing the operation mechanism of permanent injunction litigation in Germany and injunctive relief in the United States,it is necessary to systematically expand the radiation scope of permanent Injunction judgment through trial and enforcement cooperation,so as to realize the permanent prohibition function of preventive environmental civil public interest litigation. First of all,expand the interpretation of permanent injunction and eliminating danger to make it suitable for risk prevention;Secondly,by abstracting the main text of the judgment,and giving the enforcement judge the substantive jurisdiction over the payment content,we can expand the scope of the prohibition of the judgment;Finally,by strengthening the deterrence of inaction enforcement measures corresponding to the right to stop infringing claims,and stipulating the re enforcement of continuous infringing acts,we can achieve permanent risk control.