1 Introduction Through analysis of the prohibitive decision concerning the environment, I investigate the legal base of the admissive prohivitibe decision, the verification of the damage, the degree of the damage, the conditions of the region, the evadable possibility of the damage, and the fault of procedure. 2 Five judical precedents which admit the prohivitive decision. 3 Conclusion Every judicial precedent which admits the prohivitive decision adopts not the right of environment but the right of personality of property as the legal base of the admissive prohivitive decision. The court has not yet approved the right of environment. The petitioner who wants to get prohivitive decision owes the verfication of the damage. It is enough for the petitioner to prove the high probalility of the occurrence of environmental pollution, and prove that the damage passes the limit of endurance. Concerning the conditions of the region, if it is highly expected that the new source of environmental pollution will add in the polluted region, the possibility of the admissive prohivitive decision will be high. About the evadable possibility of the damage, the establisher of the equipment which causes environmental pollution, during the construction and running of it, should select the place where it inflicts the less environmental damage on citizens, and should greatly consider their health, and should make the best effort to stopping the influence on the life of the neighboring citizens. Relative to the fault of procedure, if it is feared that environmental pollution will occur by the equipment, we can find the judicial precedent which admits the prohivitive decision, when the establisher did not do the environmental assesment beforehand. But if it is not feared that environmental pollution will occur by the equipment, the court will not admit the pohivitive decision because of the previous environmental assesment. Because there is no act which obligates the environmental assesment. The civillaw has greatly contribute to the environmental protection by offering the legal theory of the relief of the victims and the legal base of the prohivitive decision as the prevention of the environmental damage.
