- 英文摘要
- In order to control business activities that generate environmental
negative impacts, the Japanese Environmental Law takes measures based on
civil, administrative and criminal liability. In the 1970s, when the basic law
on pollution was put in place, there were many considerations for the
freedom of business activities, and there was no regulation to impose such
strict liability. However, it has become apparent that such gradual response
is not sufficient,
Especially since the 1990s, legislation has been enacted that requires
strict responsibilities.
Civil liability includes liability for negligent damage under the Air
Pollution Control Act, the Water Pollution Control Act, and the Soil
Contamination Countermeasures Act. Administrative legal responsibilities
include thoroughly implementing the principle of causal responsibility in
related laws and introducing expanded producer responsibility in
recycling-related laws. The criminal liability is the tightening of criminal
provisions in individual environmental laws.
On the other hand, the enforcement to properly fulfill the stricter
responsibility is insufficient. Due to stricter responsibilities, illegal status
has increased. For this reason, the government and police are forced to deal
with serious malicious violations. Civil judicial precedents place an
emphasis on the responsibility of businesses by interpreting them as
substantially reducing the burden of proof of victims. However, the
administrative litigation system that requires the exercise of administrative
authority is not useful for environmental conservation due to the strictness
of the requirements of this case.
- 目次
- 1. 適法行為による環境破壊と法的対応
2. 環境法整備にあたっての基本的考え方
（1）民事法的解決の不合理と国家の介入
（2）旧公害対策基本法 2 条 1 項
（3）環境基本法
3. 民事法的責任の次元での制度化と展開
（1）不法行為法
（2）会社法
4. 行政法的責任の次元での制度化と展開
（1）行政法の基本的考え方と環境法
（2）産業廃棄物処理と排出事業者処理責任原則
（3）土壌汚染対策と土地所有者の状態責任
（4）地球温暖化対策と多量排出事業者の排出責任
5. 刑事法的責任の次元での制度化と展開
6. 事業者責任を追及する環境法の執行
（1）消極的な執行実態
（2）消極的な行政執行の理由
（3）過重負担の警察
7. 訴訟にあらわれる事業者責任
8. 事業者責任を論ずる視点
