| Summary: | 碩士 === 國立臺北大學 === 法學系 === 95 === ABSTRACT
The Study of Personnel System Designated for Environmental Protection Task
By
WEN, YIN-LI
June 2007
ADVISOR(S) : Dr. CHEN, CHUN-SHENG
DEPARTMENT : GRADUATE SCHOOL OF LAW
MAJOR : THE CONSTITUTIONAL LAW AND ENVIRONMENTAL LAW
DEGREE : MASTER OF LAW
When environment damage occurs, its costs of Nature and society are very large. We’d rather enhanced environment prevention, than just solved environment pollution after it had arisen. In regard to the early phase of pollution source’s activity, even in strategy phase, we promptly add the factor of environment protection to reduce the probability and seriousness of pollution.
Personnel Designated System for Environmental Protection Task (PDSEPT) is the implementation of prevention principle. From nation and social dualism angle, society is considered the order self-formed by human co-life, seeking self-benefit as power and private duty is without public welfare’s implementation. But the contents and understanding ways of nation and social dualism should have generation changes as necessary. The modern society has complex structure. Country tasks are expanded and divided day by day and country’s conventional control gets un-useful. Under this background, does the reasonableness of private certain duty of environment protection has any new understanding way?
Furthermore, PDSEPT had existed many years. But because the contradiction of system designs, the personnel’s authority including executing and supervising is unclear. And it causes system corruption, this article also try to solve this problem.
The key points discussed in this article have three one. First, environment protection is the designated duty of country and then this system’s means must has certain limit in the conferral of environment protection’s private duty and it can’t be unlimited. Second, does the tort of this system on the basic rights of related pollution enterprises meet constitution’s requirement? Third, the correction suggestions of this system include the separation of execution and supervision, the enhancement of balance and the economic inducement’s increase.
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