代写范文

留学资讯

写作技巧

论文代写专题

服务承诺

资金托管
原创保证
实力保障
24小时客服
使命必达

51Due提供Essay,Paper,Report,Assignment等学科作业的代写与辅导,同时涵盖Personal Statement,转学申请等留学文书代写。

51Due将让你达成学业目标
51Due将让你达成学业目标
51Due将让你达成学业目标
51Due将让你达成学业目标

私人订制你的未来职场 世界名企,高端行业岗位等 在新的起点上实现更高水平的发展

积累工作经验
多元化文化交流
专业实操技能
建立人际资源圈

UK duty of care rules in waste management

2018-10-15 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- UK duty of care rules in waste management,供大家参考学习,这篇论文讨论了英国废弃物管理中的注意义务规则。英国是世界上最早、也是为数不多的将注意义务规则引入废弃物管理立法的国家。该规则的引入,不仅为英国废弃物的安全管理及循环利用起到了指引作用,同时也深刻影响了废弃物管理制度在该国的发展趋势。该规则要求在废弃物管理的整个过程中,无论是废弃物的最初生产者或是后续维持者或保有者,都应当采取一切妥善的措施对废弃物进行处置和管理,以避免和防治自己控制范围内的废弃物对环境造成损害。

waste management,英国废弃物管理,essay代写,paper代写,作业代写

The UK is one of the first and few countries in the world to introduce duty of care rules into waste management legislation. The introduction of the rule not only guides the safety management and recycling of waste in the UK, but also deeply influences the development trend of waste management system in the country. Based on the historical evolution of duty of care in the UK waste management rules, basic content and the main value of the investigation can be found that the development of rules of duty of care in the UK waste management concept from safety management to recycle the transformation path, and in its subject, object, content and responsibility mechanism is a system characteristics, the reasonable use rules of duty of care not only led the waste disposal to the orderly and standardized development road, also for the waste management in the rest of the system construction and implementation of the implementation of the laid a good foundation. Compared with the waste management system in Britain, the current waste management system in China still has some problems, such as unreasonable duty sharing and unclear responsibility mechanism, which are the key factors that restrict the waste management in China to the path of sustainable development. Therefore, the duty of care in the UK waste management rules of legislation for the theoretical research and practice of waste management in China path provides valuable experience for reference, our country can use permit system, strengthening the management of waste from classes declare, reasonable division of responsibilities, and strengthen the information management of waste from several aspects such as perfecting the waste management system.

Along with the development of economy and society, people, while enjoying convenient and fast modern life, are also suffering from many negative factors in this process, including the threat brought by more and more urban wastes. The increase of urban waste not only affects the appearance and appearance of a city, but also poses a great threat to the environment and human health if it is not properly managed, recycled and properly disposed. In order to ensure to correct management, recycling and safe disposal of waste, as waste production country, one of the UK will come from the field of tort liability law "duty of care" principle into field of environmental law, and the rules of duty of care as waste management statutory provisions promulgated in 1990 in the country of the environmental protection act, become the pioneer of the duty of care standard waste disposal.

Although the UK regulation of duty of care for waste management was established in the environmental protection act of 1990, the relevant ideas of the regulation have been reflected in previous relevant legislation. With the change of the value orientation of environmental law in the UK and the long-term waste disposal practice, the contents of the duty of care rule are different in different historical stages.

In waste management, the UK has long adhered to the waste management strategy featuring "end control", that is, in the discharge and treatment of waste, it should pay attention to "harmlessness" as much as possible, so as to reduce the possible damage of waste to the ecological environment and people's life and health. Guided by this concept, the UK has promulgated a number of laws, including the pollution control law of 1974, the pollution control law of 1989, the environmental protection law of 1990, the regulation on controllable waste management of 1991 and the regulation on waste license management of 1994. Among them, the environmental protection law in 1990 was the first to define the duty of care in the form of legal text. According to the law the provisions of article 34, to establish the duty of care of the waste management rules in order to achieve the basic goal lies in: one is no one without waste management permission, in violation of the license conditions, or likely to cause pollution of the environment or harm to the health of the body case implementation of storage, processing or recycling waste "controlled" behavior; The second is to prevent the overflow of waste and take appropriate measures to isolate; Third, to ensure that once the transfer of waste occurs, the assignee can only be a legally authorized or legally qualified subject of transport; Fourth, waste transfer shall issue a written list with the waste details to ensure that any party receiving the waste will not perform any act in violation of the law.

In order to ensure the implementation of the duty of care rule in the environmental protection act 1990, the UK issued the implementation regulation of 1991, which required all subjects with duty of care to record the acceptance and delivery of wastes to meet the management requirements of the epd. Since then, the UK has promulgated the 1996 code of conduct, which, in the form of legal guidelines, defines the specific rules to be followed by the subjects of duties in the waste management process. To be sure, although looked from the content of the legal text, relevant rules include expanded the scope of a duty of care, but also to the holder of the duty of care in recovery and recycling costs is regulated, but for this stage of the legislative concept, pay attention to the content of the compulsory rules mainly reflects in the safety management of waste, the waste recycling link does not involve too much.

With the development of domestic waste management concept and the proposal of the concept of "circular society" under the framework of the European Union, waste is gradually regarded as a "misplaced resource", and the recycling and sustainable management of waste are increasingly emphasized. In this context, the idea of waste management and disposal in the UK has gradually changed from "end governance" to "source control". In 1998, 1999 and 2003, the UK successively promulgated such laws as the waste reduction act, the pollution prevention and control act, and the household waste recycling act, etc., which constantly adjusted and enriched the contents of the duty of care rules in the legislation. The British attitude towards waste disposal has gradually shifted from the simple emphasis on "harmlessness" to the direction of "reduction and reuse". In 2005, the UK and wales first confirmed the concept of "waste recycling" in the field of household waste management in the code of care obligations for household waste management. It stipulates that all reasonable measures should be taken by the family to ensure that waste generated on the basis of family property is properly recovered and recycled. Household waste should be granted to those who are permitted by law to dispose of it. With the progress of European integration, the European parliament passed a waste reduction framework directive act on February 13, 2007, which clearly stipulates the targets of eu member states to achieve waste reduction and resource recycling, namely, to achieve zero growth in waste production by 2012, and to reduce production from 2020 onwards. The bill also requires the 27 eu member states to make national laws to implement the framework directive within a year and a half after the directive takes effect, in order to facilitate and achieve the reduction of waste in all eu member states. As a member of the eu, the UK introduced the 2009 legislative guide, which expanded the interpretation and supplement of the duty of care rule in waste management. Beginning in 2011, Britain was also involved in the England and wales 2011 waste management regulations "and" the wales and Scotland on 2011 zero discharge of waste management consultation "specified in the holder in waste reduction and recycling the waste of the duty of care, clear in order to achieve the goal of zero discharge of waste, recycling use, namely before the waste, recyclable waste should be first guaranteed source separation, do take all feasible measures to guarantee the recycling of the wastes. At this point, Britain changed the traditional model of waste management, and the duty of care for waste management began to develop and extend along the line dominated by comprehensive treatment and recycling, and the level of waste management and comprehensive treatment was gradually improved.

In the field of civil law, the principle of strict liability in special tort liability is more applicable to the damage caused by waste. However, environmental tort liability alone cannot deal with the waste crisis, externalities and other environmental damage caused by the doer's failure to properly dispose or manage the waste. For this reason, Britain introduced the duty of care rule into the field of environmental protection law to make up for the lack of environmental tort liability only to compensate the victim. The rules require, in the whole process of waste management, whether it be a waste of the original producer or subsequent sustained or retain, should fulfill the duty of care of good my father and to take all appropriate measures for waste disposal and management, in order to avoid and control their control within the scope of the waste cause damage to the environment; Any violation will be subject to administrative or criminal penalties. Specifically speaking, the duty of care rule in waste disposal mainly includes the following aspects of connotation.

With regard to the meaning of duty of care, the Oxford dictionary of law interprets it as: "a statutory duty of reasonable care to avoid causing harm." In the common law system, duty of care is often used as a standard of judgment for the determination of negligence, while in the UK, duty of care was first formulated as a "standard of rational man" in Vaughan V.Menlove in 1837. In 1932, the UK formally established the concept of negligence and the principle of "duty of care" after donoghuev.stevenson, in which the judge Lord Atkin made it clear: "negligence is a breach of the duty of care which the defendant owes to the plaintiff." As a basic rule for determining "negligence infringement", the core meaning of duty of care is: "the actor has the obligation to act cautiously or not to cause damage to others by his act." According to the traditional tort law in the general definition of duty of care and 1990 "environmental law" the 34th and related regulations, can be defined as a duty of care in the UK waste management: any related to treat "controlled" waste if the parties have, must be careful to act or omission to ensure that the waste can be safely management and reasonable recovery and recycling and no damage to the environment or the legal obligation that damage the health of others.

51due留学教育原创版权郑重声明:原创paper代写范文源自编辑创作,未经官方许可,网站谢绝转载。对于侵权行为,未经同意的情况下,51Due有权追究法律责任。主要业务有essay代写、assignment代写、paper代写服务。

51due为留学生提供最好的paper代写服务,亲们可以进入主页了解和获取更多paper代写范文 提供作业代写服务,详情可以咨询我们的客服QQ:800020041。

上一篇:Impact of eu monetary integrat 下一篇:Differences between Chinese an