Environmental Project's Achievements Reports Query System

The plan of environmental damage dispute process systems and strategies---the research and analysis of damage liability of facilities damaging environment(take European Union for example)

Absrtact	European Union adopted Directive 2004/35/CE of the European Parliament and of the Council of April 2004 on environmental liability with regard to the prevention and remedying of environmental damage to unify the law and the policy of environmental damage on Member States for promoting environmental protection effects in EU land and eliminating the difference of economical competition. The most difference between Directive 2004/35/CE and traditional environmental liability system with regard to environmental damage is the liability of environmental damage is not only in the indemnity or remedy of environmental damage which has happened, but forcing the operator causing the imminent threat of damage to take the necessary preventive measures, based on the “polluter-pays” principle. Member States of EU will regulate preventive and remedial liability of the operator causing environmental damage to cooperate Directive 2004/35/CE before April, 2007. Facing the newest international trend, it is worth to observing whether it could be important reference for our legal system in prevention, indemnity, remedy related to environmental damage. The project progressively makes a description of the definition and research of facilities damaging environment, the analysis and research of indemnificatory liability subject operating facilities damaging environment, the analysis and research of each responsible kind of facilities damaging environment, the research of civil liability of facilities damaging environment, the analysis and research of responsibility of special facilities damaging environment, the analysis and research of events about significant environmental facilities’ damage and the present situation of EU enterprise facilities about indemnities of environmental damage and pollution. At last derive our country’s amendatory laws or legislative suggestions in accordance to the measure.
Keyword	Directive 2004/35/CE of the European Parliament and of the Council of April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, environmental damage, preventive measures, remedial measures, imminent threat of damage, polluter-pays principle, facilities damaging environment, indemnities of environmental damage and pollution

Absrtact

European Union adopted Directive 2004/35/CE of the European Parliament and of the Council of April 2004 on environmental liability with regard to the prevention and remedying of environmental damage to unify the law and the policy of environmental damage on Member States for promoting environmental protection effects in EU land and eliminating the difference of economical competition. The most difference between Directive 2004/35/CE and traditional environmental liability system with regard to environmental damage is the liability of environmental damage is not only in the indemnity or remedy of environmental damage which has happened, but forcing the operator causing the imminent threat of damage to take the necessary preventive measures, based on the “polluter-pays” principle. Member States of EU will regulate preventive and remedial liability of the operator causing environmental damage to cooperate Directive 2004/35/CE before April, 2007. Facing the newest international trend, it is worth to observing whether it could be important reference for our legal system in prevention, indemnity, remedy related to environmental damage. The project progressively makes a description of the definition and research of facilities damaging environment, the analysis and research of indemnificatory liability subject operating facilities damaging environment, the analysis and research of each responsible kind of facilities damaging environment, the research of civil liability of facilities damaging environment, the analysis and research of responsibility of special facilities damaging environment, the analysis and research of events about significant environmental facilities’ damage and the present situation of EU enterprise facilities about indemnities of environmental damage and pollution. At last derive our country’s amendatory laws or legislative suggestions in accordance to the measure.

Keyword

Directive 2004/35/CE of the European Parliament and of the Council of April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, environmental damage, preventive measures, remedial measures, imminent threat of damage, polluter-pays principle, facilities damaging environment, indemnities of environmental damage and pollution