Research On The Legal Application Of The Equator Principle-and The Construction Of Green Loan Legal System In China

In the current situation of rapid development of the world economy, the environment affairs has been more and more essential, and the world is also actively explore effective means to govern and protect the environment. Emerging in 2003, the Equator Principles is one of the effective measures to use financial means for the purpose of protecting the environment, which is reflected in our country the green credit system. However, the current theory of the Equator Principles has not yet been thoroughly, so further explorations are in urgent need to gradually improve China's green credit legal system.In this thesis, the theory of system science paradigm, comparative analysis, case law analysis, empirical economic analysis and other means on the Equator Principles in detail were adopted. Firstly, taking the Equator Principles and the development process as the starting point, this thesis describes the scope of application of the Equator Principles, and the most important parts of the Equator Principles are discussed in detail:the basic application of ten principles, the nature of the Equator Principles and the accession process; secondly, this thesis deeply study legal basis for the birth of the Equator Principles, and with the environmental theory, banks continue to rise to its social responsibility seriously and implementations of the Equator Principles are certainly favorable to reduce the risk of banks; coming next, this thesis explains in detail through an instance in EPFIs in the promotion of the Equator Principles as well as the specific case in practicing the Equator Principles in the financing of the project; coming up next, this thesis discusses the Equator Principles process in China——the green credit system in China's development status, by summing up past experience and lessons and introducing specific actions of China's banking industry, this thesis analyzes the various obstacles the green credit may encounter in the promotion of our country, such as the banks'lack of social responsibility, the government attaching economic developing as more important, the enterprises seeking business profits over the most arrogant demand, and the necessity and feasibility of implementation of green credit in China is described in detail, including its promotion of environmental protection, the reducing the risk of lending environment, the integration with the international norms; finally, the thesis refers to the application of international law of the Equator Principles, and combining the actual situation in our country, analyzes the current situation of the legal system of the green credit, and points out the resistances the green domestic credit may encounter, including the lack of relevant laws of social responsibility, the lack of security-related system, the existing law lacking maneuverability and so on. On this basis, the thesis propose to build the green credit legal system of China with six recommendations:1,to improve the social responsibilities of banks in the Commercial Bank Law,2,to establish classification of loan projects on the environment and social impact,3,to implement the assessment system of loan projects on environmental and social impact,4,to complete the environmental information communication and sharing system,5,to establish the green credit monitoring legal system,6,to establish the public interest litigation system, to specify the legal status of NGOs, and to strengthen the maneuverability of the relevant laws.