The Normative Structure of Preventive Environmental Public Interest Litigation: Taking Article 1 of “The Interpretation of Several Issues on the Application of Law to Civil Public Interest Litigation Cases” as the Center

Environmental public interest litigation based on post-relief cannot fully restore the original environment. The transition from post-relief to pre-prevention on environmental issues promotes the response of preventive environmental civil public interest litigation. The essence of preventive environmental civil public interest litigation is to implement the public law responsibility of risk management and control through litigation procedures to give full play to the court's environmental regulations and make up for the lack of administrative regulations. However, the existing preventive environmental civil public interest litigation rules are too vague, and there are blind spots in the application, and it is urgent to sort out the internal normative structure.Specifically, major risks are the prerequisite for starting, but should be defined from the two-dimensional standards of “quality” and “quantity”; pollution behaviors and ecological damage behaviors are the objects of review, but should focus on behaviorbased review of incidental results standard; public interest is the object of protection, but the substantive connotation and priority selection of environmental public interest and environmental private interest should be distinguished; the law-provided agencies and organizations should be the subject of litigation, but citizens should be qualified as plaintiffs and affirmed as independent participants of administrative agencies. In addition, risk communication among litigation participants will help promote the process of preventive environmental civil public interest litigation. In the future system reforms, efforts should be devoted to the shaping of negotiating justice, and the power of courts should be strengthened to promote adequate risk communication. Unfold, and ultimately promote the improvement of the court's environmental regulation power.