预防性环境行政公益诉讼的法理阐释与优化路径OACHSSCD

Preventive environmental administrative public interest litigation helps monitor and prevent en-vironmental risks,achieving comprehensive protection of environmental public interests.From a jurispru-dential perspective,it serves as an institutional support for balancing and coordinating diverse interests,represents the integration of the risk prevention concept with ex-post relief mechanisms,and embodies the philosophy of adaptive environmental governance,but there are still significant deficiencies in the construction process of the current litigation system,such as the insufficient activation of pre-litigation procedures,unclear conditions for initiating lawsuits,and unresolved issues within the proof process—ambiguous rules for burden of proof,an undefined scope of facts to be proven,and inconsistent standards of proof,etc..To enhance this litigation system,optimization path should focus on fully activating pre-litigation procedures,clarifying the conditions for initiating lawsuits,and solving the problem of proving preventive environmental administrative public interest litigation.