دور المسؤولية المدنية في حماية البيئة من التلوث في ضوء التقدم العلمي و التقني

Abstract EN

Environment is one of the most important and hotly debated issues these days due to its direct relation with human.

The reason behind this research is the lack of the basic general principles of responsibility in facing the problems of pollution.

This is because it was based upon the conventional responsibility (fault, prejudice and causative relationship.

Thus enemies of the environment, including individuals and establishments, will escape the fine imposed under the civil law, since they are not proven guilty, and therefore will continue to cause damage to the environment in the absence of the necessary law.

Therefore, the writer has suggested the importance of a new legislation to comply with the requirement of civil responsibility toward the protection of the environment.

This could be done through the objective responsibility which is based upon the assumption to be proven wrong when causing environmental damage, withont having to be proven right.

In practical terms, this method has actually been proven right due to man's scientific and technical progress, which puts hiip in a certain position that enables him to escape responsibility when this is done in the traditional way, (provided that this follows the traditional method).

Another suggestion is to reduce, to the lowest possible level, the means that allow people to evade responsibility, especially what is called the unexpected events which, if placed in the prevailing frame, would give a legal way out of responsibility.

The writer has also planned a new relationship between the civil responsibility and other responsibilities.

He has demanded that the legislators should activate the environmental laws and increase environment awarness.