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Talk On The Establishment Of The Environmental Legal Liability System Of China's Bankrupt Companies

Posted on:2011-01-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Y ZhuFull Text:PDF
GTID:1116330332965219Subject:Environment and Resources Protection Law
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According to China's Company Law, Environmental Protection Law, Criminal Law and other rules and regulations, companies should take on the civil, criminal, and administrative liabilities if they made environmental pollutions during production. However, many environmental accidents in which the harmful results appeared decades after the process of production, selling, and recycling are difficult to be dealt with because of their own characteristics. So, in many cases, it's difficult in finding the direct polluters. At present, there are no environmental legal liabilities in China about bankrupt companies'environmental pollutions. If a company bankrupts, it's difficult in confirming the Subject, so how to make balance of different bodies and interests is a hot problem to both legislators and administrators.There are six chapters to talk on the Establishment of the Environmental Legal Liability System of China's Bankrupt Companies in hope of helping the development of relative legal and administrative work.In Chapter One——Preface, the article studies on the background and meanings, present studies in and out of China, and innovations respectively.In Chapter Two——Theoretical Study on the Environmental Legal Liability of Bankrupt Companies, the article redefines the concept, types of liabilities, and imputation principles of the environmental legal liability of bankrupt companies.In Chapter Three——The Comparative Studies on the Environmental Legal Liability of Bankrupt Companies in and out of China, the article talks about and compares the laws on environmental legal liabilities of civil bankrupt companies in the America, EU, and China.In Chapter Four——Comparative Studies on the Environmental Legal Liability of Parent-Subsidiary Bankrupt Companies, the article talks about and compares the laws on environmental legal liabilities of parent-subsidiary bankrupt companies in EU, GER, France and China. In Chapter Five——The Legislative Defects and Necessity of Establishing the Environmental Legal Liability of Bankrupt Companies, the article talks about and analyzes the defects and necessity in order to deeply make measures in next chapter.In Chapter Six——The Establishment of China's Environmental Legal Liability System of Bankrupt Companies, the article makes some measures and suggestions on the establishment and improvement of China's environmental civil, criminal, administrative liabilities of bankrupt companies in order to set up the system as soon as possible.
Keywords/Search Tags:bankrupt companies, environmental civil liability, environmental criminal liability, environmental administrative liability, measures and suggestions
PDF Full Text Request
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