The Liability Of Elimination Of Danger And Damages And Its Realization In The Environmental Law

In the environmental law, the elimination of danger and damages referred is generally comprehended as the state reached by the way of civil as well as by the way of administration. Even more, To some extent, we may say that many relative systems in the environmental law are regulated to attain the aim of the elimination of danger and damages or at least relate with it elimination of danger and damages. The paper expounds the elimination of danger and damages mainly based on the Article 41 in the Environmental Protection Law and some other provisions in Noise Prevention and Control Law and Atmospheric Pollution Prevention and Control Law and other relative laws. So In the paper, the elimination of danger and damages is illustrated not in the general sense but in the sense of regulation and rule.In the Chapter One, the author discusses that the regulation and law on the elimination of danger and damages are one of the civil liabilities. Following that, the connotation and extension of the elimination of danger and damages are illustrated and the status quo of the application is represented. In Chapter Two, the related systems of the civil liability on the elimination of danger and damages in US, German and the other countries and areas are introduced. Furthermore, the author sets forth the relative theories on the civil liability of the elimination of danger and damages in the Environmental Law of China from the perspective of the should-be, based on the necessity of the existence of the elimination of danger and damages. What's more, the author analyzes both the imperfect respects on the elimination of danger and damages in Chinese laws and the cause of the unpleasant state. Finally, the author puts forward some suggestions that will contribute to making the civil liability of the elimination of danger and damages implemented.