Research On The Legal Issues Of Corporate Environmental Responsibility

As the important subject of market economy,corporations have caused serious damage to the ecological environment along with the development of market economy.For a long time,the ultimate goal of the corporation is to pursue the maximization of the interests,and at the expense of the natural environment at the expense of profit.As the main undertaker of social responsibility,it is necessary for corporations to take responsibility for environmental protection.Traditional corporations are mostly intensive,high energy consumption and high emission production and business models,and it is difficult for them to take the environmental responsibility voluntarily.Therefore,it is of practical significance to study how to make corporations take environmental responsibility more actively.Currently our country in the aspect of corporation environment legal liability has a certain gap between the developed countries,environmental legislation is not perfect,the lack of law enforcement and mechanism,The operability of the environmental justice system needs to be promoted,and the self-discipline mechanism of the corporation is not perfect enough.Therefore,it is the focus of this paper to strengthen and improve the legal responsibility of the corporation to improve the environmental liability.The paper mainly adopts rules analysis,comparative analysis method and the experience summary method and other methods,based on a large number of literature reading and the summary for reference of foreign advanced experience,to our country corporation environment explores the legal responsibility.This paper is divided into four parts:The first part is an overview of corporate environmental legal responsibility.Firstly,the concept of corporate environmental legal responsibility is defined and the characteristics of corporate environmental responsibility are summarized.From the principle of value of law,the principle of sustainable development and the principle of stakeholders,the author holds the theoretical support for the corporation to bear the environmental legal responsibility.In the end,the necessity of environmental responsibility is explained from the perspective of improving the international competitiveness of corporations and transferring cost.By defining the concept,describing the characteristics and combining the theory,we should strengthen the understanding of corporate environmental legal responsibility.The second part is the problem of environmental legal liability in domestic corporations.Data can be found through typical disease,the practice of corporation environmental law in our country is not successful,the main problems include: on the legislative level,the main existing corporation environment legal liability legislation is not centralized,corporation environment responsibility legislation systemic is not strong,such as legislative less incentive problems.At the law enforcement level,there are problems such as the defect of law enforcement mode,lack of reform awareness of local governments,and insufficient enforcement of environmental law enforcement teams.On the judicial level,the environmental public interest litigation system is not operable.There is also a lack of internal environmental rules and regulations for corporations to abide by the law.The third part is the practice of corporate environmental legal liability in developed countries and its reference significance to China.By comparing with the United States,Japan and Germany advanced corporation of environmental legal liability experience,found that the current our country compared with the developed countries the gap existing in the aspect of corporate environmental responsibility,separately from the legislative,law enforcement and judicial level summed up the relevant practice of reference and enlightenment to our country.The fourth part is the suggestion on the existence of environmental responsibility of corporations in China.First of all,in the legislation,we should stick to the new concept of legislation,clarify the value orientation of legislation,and strengthen the operability of relevant laws of corporate environmental responsibility.In law enforcement,strict environmental administration law enforcement,strengthen the construction of law enforcement team,improve environmental law enforcement level.In judicature,we should expand the scope of environmental public interest litigation and reform the charging system of environmental public interest litigation.In their own level,perfect the corporation self-discipline mechanism,establish an early warning system for the prevention and control of corporation environment,upgrade the traditional backward production mode,change corporation management status,environment management idea full implementation of environmental protection consciousness.