Research On The Application Of Direct Shareholder Liability System In The Field Of Civil Liability For Ecological Environmental Damag

Compared with other types of damage,environmental damage has its own unique characteristics,long latency and large loss value.In fact,the possibility that environmental damage can not obtain perfect compensation is generally higher than other types of claims.At present,there are some difficulties in the protection of creditors in this field.While exploring and improving environmental protection laws and regulations and establishing and improving the environmental damage liability insurance system,we should see that the existing direct shareholder liability system can also play some minor roles in this field.However,due to the unclear and unclear system,the unique nature and practical status of environmental damage,the system has not been effectively applied to the field of environmental damage infringement.In fact,the application of direct shareholder liability system in the field of environmental damage liability has more advantages and easier to implement than other systems.This advantage is reflected in the system can play a better preventive role,and the implementation cost is low and effective.Because the system is an existing system-it does not need to spend time and effort on reconstruction,encounter obstacles to reconstruction,and go through a long process of social acceptance and application.Moreover,from the practice of China’s company law,shareholders have always played a very important role in the process of company operation.Standardizing shareholders’ behavior may reduce the occurrence of environmental damage more than standardizing company behavior.Moreover,the company’s behavior is human behavior in the final analysis.In order to ensure that the company’s behavior moves in the predetermined direction,we need to refine the company’s obligations and responsibilities to the people who can control this behavior or result,and finally implement the obligations and responsibilities.The existence of direct shareholder liability system is to protect the legitimate rights and interests of the company,balance the interests of investors and creditors,and standardize the behavior of shareholders.However,whether from the perspective of foreign rules or domestic rules,the structure and standards of the system itself are very vague,and there are different applicable standards in judicial practice.Moreover,with the prominence of environmental problems and the attention of society to corporate social responsibility,We should expand the focus of company law from the traditional internal responsibility to the external responsibility and the responsibility of the whole society.Traditionally,we have been exploring the capital responsibility of shareholders to the company and the fiduciary responsibility of managers to owners,and rarely say what responsibility shareholders should bear to the company and society under the limited liability system.Therefore,based on the change of the concept of corporate responsibility,the author discusses the circumstances under which shareholders’ responsibility should be claimed directly from the perspective of shareholders’ responsibility or obligation.The author divides shareholder responsibility into traditional "economic rational person" responsibility and "ecological rational person" responsibility under development.One is an obligation that shareholders should bear to the company in the concept of traditional company law,including two obligations: maintaining "economic rational person" and not damaging the sustainable operation ability of the company;The other is an obligation that shareholders should undertake to the company and society under the ecological concept of the company,including the obligations of the founder shareholders to evaluate,design,establish and obtain matters related to the company’s environmental impact factors,and the obligations of the operator shareholders to ensure,review,promote and prevent matters related to the company’s environmental impact factors.The author believes that the company’s obligations to the environment should be specifically implemented to the people who are most capable of controlling it.After investigation,it is found that the reality in China is that shareholders often play a decisive role in the company’s major affairs,even in listed companies.Therefore,in this paper,the shareholders’ obligations under the two modes are finally subdivided into four conditions for directly claiming shareholders’ Responsibilities: first,the assets,business and business resources of the company and its investors and their affiliates cannot be clearly distinguished or highly identical,or the main purpose of the company is to provide products or services for investors and their affiliates,And most of the company’s products or services are provided directly or indirectly to its investors and their affiliates;Second,the company is unable to perform its debts within a certain period after impairing the company’s property interests,such as dividends,free gifts or low-cost sale of property interests,free or low-cost provision of property use rights,high price purchase of assets or services,transfer of business opportunities and so on;Third,the founder fails to fulfill the obligation of handling and abiding by environmental protection laws in accordance with the legal procedures of environmental protection,fails to establish environmental protection related concepts and systems and set up a supervision system for the company,and fails to timely deal with the illegal and illegal acts of the first generation of operators,resulting in illegal sewage discharge or ecological damage of the company;Fourth,the operator shareholders failed to implement the company’s environmental protection concept,failed to implement the company’s environmental protection system,actively promoted the company to violate laws and regulations and the company’s environmental protection system,or failed to fulfill the obligation of prevention,failed to consider the environmental impact in the research and development of new products,or did a good job in the design of environmental protection measures,resulting in the company’s illegal sewage discharge or environmental pollution accidents.For the investigation of the liability for environmental damage after the cancellation or bankruptcy of the company,many people have put forward the method of the continuation of the subject qualification,which is a useful idea for solving the subject problem.In terms of the scope of direct shareholders,the control power of specific risks should be taken as the key index,and the scope should be different according to different direct shareholders;On the limit of direct shareholder liability,we should consider the difference between ecological environment damage and ordinary civil damage,comprehensively consider the interests of ecological environment damage persons,shareholders,ecology and creditors,and set different upper limits according to different situations,rather than simply and uniformly "bear joint and several liability for debts".As for whether the shareholder’s liability can be claimed directly,the author believes that as long as the conditions for direct claim are met,whether the company is bankrupt or cancelled is not so important,and the investigation of liability after cancellation or bankruptcy and the evaluation of whether it meets the conditions are a difficult problem.