Discussion on the Determination of “Risk” in Preventive Environment Public Interest Litigation

DOI

10.2991/assehr.k.210916.019How to use a DOI?

Keywords

Danger defense, Risk prevention, Technological approach, Procedural control

Abstract

The ideal form of environment public interest litigation is preventive litigation. In order to overcome obstacles in judicial practice, environment public interest litigation should be divided into two different forms of litigation including danger defense litigation and risk prevention litigation based on different levels of risk. The determination of risks in preventive environment public interest litigation must be related to the future. The core of danger defense litigation is to provide people with the basis of choice with the help of science and technology or past experience, and the determination of risks should follow the technical specification approach; risk provides a means of behavior and decision-making, and risk prevention litigation aims to control the decision-making method of risk. Therefore, the determination of risks should follow the procedural control approach.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Hongmei Zhang
PY  - 2021
DA  - 2021/09/16
TI  - Discussion on the Determination of “Risk” in Preventive Environment Public Interest Litigation
BT  - Proceedings of the 2021 International Conference on Social Science:Public Administration, Law and International Relations (SSPALIR 2021)
PB  - Atlantis Press
SP  - 128
EP  - 131
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210916.019
DO  - 10.2991/assehr.k.210916.019
ID  - Zhang2021
ER  -