Abstract

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Title:: Judicial Governance of Environmental Risks: Internal Mechanisms and Normative Approaches

Keywords:: environmental risk regulation; judicial governance; risk prevention; national governance modernization

Abstract:: In a modern risk society, how to effectively respond to the normative requirements of environmental risks on the judicial process and develop an institutional framework is an important issue concerning rule of law and an important aspect of the modernization of national governance system and capacity. To deal with uncertain environmental risks through judicial means is a requirement for fulfilling the state’s environmental protection obligations under the Constitution, and it has the inherent function of risk regulation. This kind of judicial activity shows structural differences from traditional judicial activities in terms of regulatory objects, goals, and basis, and constitutes the basic mechanism of judicial response to environmental analysis. Obstacles to the judicial governance of environmental risks include among other things the fact-finding of environmental risks, the normative evaluation of environmental risks, and judicial power expansion. To improve the normative path of judicial governance of environmental risks, it is necessary to implement the appropriate opening of the judicial system through the negotiation process, strengthen and expand the interest measurement in the judicial process, and improve the supply capacity of scientific knowledge in risk governance.