On Dangerous Substances Limitation Legislation Of European Economic Community And Enlightenment

Damages that caused by dangerous substances against health of mankind and environmental pollution are immense. And so it has become a worldwide problem to restrict dangerous substances by legislation. In order to protect the health of mankind and provent environmental pollution efficiently, developed countries usually adopt a precaution crucial risk management, and establish a full set of regulatioal system for dangerous substances limitation, especially as the European Union.Since the year of 1967, in order to protect health of mankind and safty of environment, the European Union has enhanced the process of limitative legislation on dangerous substnces, which has achieved many remarkable results and established a consolidate foundation for the constitution of the regulational system concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals---REACH Regulation of the European Union. As the legal system of the European Union is much healthfull, so it has become a prototype for either country in the world. Although there are relevant limitative legal systems, such as Dangerous Chemical Articles Safety Administration Regulation, New Chemical Environmental administrative Measures, etc. by comparing ours with the European Union's, the legislations on dangerous substnces restriction is still lying in the primary phrase. Therefore, it is quite necessary to conduct a factual analysis investigation into the substantative and procedural law on restictions concerning dangerous substances legislation. And only by analyzing it reasonablely, can we take it for our reference, and give constructive suggestions on perfection of our existing dangerous substances limitative legislation system.By taking the historical background, the major articles, and the relations with other relevant regulations and directives of the European Council directive 67/548/EEC, the Council Directive 76/769/EEC, the European Council and Parliament Regulation 2006/1907EC (REACH) as a point of penetration, analyses have been undergone on existing conditions, route,course and significance of legal evolution from limitive directives to the Regulation, and an unscramble have been hold up on dangerous substances limitative legislation system, which related to the Regulation 2006/1907EC (REACH). Secondly, in the respective of substantatively and procedurally, the writer holds a deepened and separated analysis on it. On this groundwork, legislative tenets, legislative principles and limitive systems of European Union on dangerous substances restriction have been bought out, and procedural laws of European Union on dangerous substances limitation have been defined.Lastly, through comparative analysis differences on quantity and quality of the two relavent lagislations, and similarities and differences on legislative tenet, and legislative principles and legislative competences, five legislative proposals have been hold up to our legislation institutions, and they are namely concerning about perfection of dangerous substances limitative legislation structural system, definitude of division of purview on legislation, enforcement and superintendence, propulsion on the construction of dangerous substances risk management, realization the organic integration on internationalizztion and localization of dangerous substances limitive legislation , establishmen and implementation of limitation system on dangerous substances and disclosure system for information on harardous substances.