Research on Determination of "Significant Risk "in Preventive Environmental Civil Public Interest Litigation: Current Situation, Problems and Improvement Measures

This paper discusses the issue of "significant risk" in preventive environmental civil public interest litigation, analyzes the current theoretical and practical situation in this field at home and abroad by taking China and the United States as examples, and further points out the legal problems faced by China in the determination of "significant risk", such as ambiguous norms, lack of uniform determination standards and balance of interests. It further points out that China is faced with legal problems such as ambiguous norms, lack of uniform identification standards and balance of interests. In order to cope with these challenges, this paper proposes a series of improvement measures, including clarifying the legal concept of "significant risk", constructing diversified rules of evidence and standards of proof, strengthening the construction of the mechanism of balancing interests, and strengthening the legislative and policy support. Among them, the construction of scientific and reasonable standards and procedures for the determination of "significant risk" is of vital significance. These measures provide a theoretical and practical basis for the improvement of the preventive environmental civil public interest litigation system, promote the construction of the rule of law for the environment, and promote sustainable economic and social development and the construction of ecological civilization.

Publication Details

Journal
International Journal of Frontiers in Sociology
Published
2025-01-01
DOI
https://doi.org/10.25236/ijfs.2025.070501
Primary Topic
Regional Development and Environment
Type
article
Field-Weighted Citation Impact
0.00
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article

Research on Determination of "Significant Risk "in Preventive Environmental Civil Public Interest Litigation: Current Situation, Problems and Improvement Measures

International Journal of Frontiers in Sociology
Regional Development and Environment
article

Research on Determination of "Significant Risk "in Preventive Environmental Civil Public Interest Litigation: Current Situation, Problems and Improvement Measures

article en

Abstract

This paper discusses the issue of "significant risk" in preventive environmental civil public interest litigation, analyzes the current theoretical and practical situation in this field at home and abroad by taking China and the United States as examples, and further points out the legal problems faced by China in the determination of "significant risk", such as ambiguous norms, lack of uniform determination standards and balance of interests. It further points out that China is faced with legal problems such as ambiguous norms, lack of uniform identification standards and balance of interests. In order to cope with these challenges, this paper proposes a series of improvement measures, including clarifying the legal concept of "significant risk", constructing diversified rules of evidence and standards of proof, strengthening the construction of the mechanism of balancing interests, and strengthening the legislative and policy support. Among them, the construction of scientific and reasonable standards and procedures for the determination of "significant risk" is of vital significance. These measures provide a theoretical and practical basis for the improvement of the preventive environmental civil public interest litigation system, promote the construction of the rule of law for the environment, and promote sustainable economic and social development and the construction of ecological civilization.

International Journal of Frontiers in SociologyVol. 7(5)
Openalex Percentile: Top 67%
Regional Development and Environment
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