关键词： 环境司法, 能动司法, 环境利益, 环境公益诉讼, 环境立法, 环境保护

Abstract: The "Party and government logic" is the essence of the construction of environmental proactive judiciary,in which the Party's will for environmental governance shapes the concept of environmental proactive judiciary,and the special political and legal system promotes the model of environmental proactive judiciary.The "rule of law logic" is the core of the operation of environmental proactive judiciary.The environmental judiciary's supplementation of the deficiencies in environmental legislative norms and the remediation of the shortcomings in environmental administrative regulation both highlight its legal legitimacy in intervening in environmental governance.In actively participating in environmental governance,environmental proactive judiciary exhibits a functional progression from retributive justice to restorative justice,from remedial justice to preventive justice,and from autonomous justice to responsive justice.It also faces potential concerns of functional distortion,from judicial application of law to judicial law-making,and from adherence to restraint to proactive action.In the future,the proactive forms of environmental judiciary should be adjusted based on the distinction between litigious and non-litigious environmental judicial affairs.In litigious environmental judicial affairs,the distinction between the procedural proactive form based on substantive restraint in the adjudication field and the limited judicial proactive form in the non-adjudication field should be followed.In legislative and administrative non-litigious environmental judicial affairs,the model of environmental proactive judiciary should be corrected based on functionalism.The former should establish a coordinated and unified judicial rule system through the institutional construction of environmental law codification,and create a feedback loop between environmental legislation and environmental judiciary through proactive forms such as judicial review and exemplary case guidance.The latter's functional orientation should shift from direct intervention in environmental governance to supervision and facilitation of administrative agencies' duties,with environmental administrative public interest litigation as the main development direction of environmental judiciary,thereby achieving the maximum efficacy of environmental judiciary.

Key words: environmental judiciary, proactive judiciary, environmental interests, environmental public interest litigation, environmental legislation, environmental protection