Research On The Issue Of Environmental Legal Liability After The Company Is Terminated

Environmental legal responsibility is one of the key elements that determine whether the environmental rule of law can be achieved.Although China’s provisions on environmental legal liability are involved in civil law,criminal law,administrative law and environmental law,there are still controversies about the provisions of environmental liability after the termination of the company.As environmental problems continue to intensify,if the environmental accountability problems arising after the termination of the company cannot be properly solved,it will inevitably affect the sustainable development of the future society.This article starts from the purpose of legal research,adheres to the problem consciousness as the orientation,and uses the literature analysis method,comparative analysis method and case analysis method to seek theoretical and practical support for the necessity and feasibility of the environmental legal responsibility of the company after termination.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part,the theoretical basis of environmental legal responsibility after the termination of the company.Firstly,based on the current law and norms,it analyzes the shortcomings of the company’s environmental liability after the termination of the company’s legal vision and environmental law.At the same time,it uses the "holistic" vision of environmental law to define the environmental liability after the company terminates.Then through the theory of environmental justice,the theory of corporate social responsibility and the theory of corporate personality denial,the legal basis for the legal liability of the company after termination is sought.Finally,it is proved by the analysis of value level.The second part is the dilemma and reasons for the environmental legal responsibility of the company after its termination.The predicament mainly exists in the determination of the responsible party,the responsibility mode and the adjustment of the existing supporting system.The analysis of the reason part mainly includes the limitation of the understanding of the traditional environmental legal responsibility subject,the function overstepping of the corporate legal personality deny theory and the lack of normative construction of the existing supporting system.The third part is the legislation and enlightenment of overseas environmental liability liability after the termination of the company.Incorporating the overseas legislation on the subject of responsibility,the way to realize the responsibility and the related supporting system,the enlightenment of improving the environmental liability of the company after termination,mainly includes expanding the scope of the subject of responsibility,enriching the implementation of the responsibility and the content of the normative system.The fourth part is to improve the recommendations of the environmental liability of the company after the termination of the company.First of all,starting from the principle of environmental liability responsibility after the termination of the company,establish the principle of effective commitment,balanced commitment and social commitment.Then,through the specific measures such as the scope of the responsible subject and the improvement of the responsibility mode,the environmental legal responsibility of the company after the termination of the company is realized.Finally,through the establishment of the company’s environmental damage compensation fund system after termination and the company’s environmental liability insurance system after termination,the corresponding supporting system will be improved.