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The Environmental Due Diligence

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:X J HuFull Text:PDF
GTID:2166330338994051Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The environmental due diligence is that a doer should consider his behavior reasonably, making his behavior carefully, in order to avoid the damage may be caused. The environmental due diligence emphasize that foresee the damages beforehand and then take some preventive measures to avoid those. The existent reasons include the cardinal rules, legal norm, environmental criteria, custom and convention, the due diligence based on contract. The environmental due diligence is consist of the duties of result forecast and duties of result evasion. If the doer didn't foresee the damages reasonably, which means the doer didn't comply with the duties of result forecast, that can't avoid his responsibility; next, if the doer have foreseen the damages already, but do not take any measures to avoid those, that also means he violate the environmental due diligence.With the development of economy and the increase of economic activities, the probability of the environmental risk is increasing, too. Control the environmental risk bought by the behaviors of enterprise is an important measure. Environmental impact assessing regime, three synchronizations system, cleaner production system, circular economy institution, extended producer responsibility regime, environmental information disclosure system, environmental standards system and etc are the reflection of the environmental due diligence, which ask for corporations taking source prevention measures and prevention at every stage, combining external economy and internal economy in order to reduce and avoid the environmental risk.It can be improved through external mechanism and internal mechanism. The external mechanism includes legislation, administrative leading, supervising, environmental awareness education and so on, and the internal mechanism need the self-discipline system for enterprises to manage. First, as the regulator and server, the government not only needs to legislate actively, regulating the behavior of the enterprises compulsively, but also takes guiding and encouraging measures to promote producers. Secondly, enterprises can be restrained and encouraged by an overall supervisory mechanism. The behaviors of enterprises can be influenced from external and internal parts through institutional supervision, supervision among industries, and public scrutiny at the same time. Besides, through the self-discipline system, enterprises should establish a series of courses of an action and management mechanism combined with the whole environment in order to prevent and avoid damages, at the same time, the enterprises should carry out the environmental auditing to check and assess the effect of the environmental due diligence, and then lead a better way for themselves and supervise the behavior more environmental.
Keywords/Search Tags:The environmental due diligence, Source prevention, Self-discipline system
PDF Full Text Request
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