Discuss The Environmental Duty Of Corporation

The environmental pollution is aggravating increasingly and the ecological environment is being disrupted more and more seriously. People have gradually realized that each kind of economic entity organization, in particular the corporation has the duty and responsibility for the environmental questions which cannot be shirked. The corporation not only is one kind of private law subject in the civil and commercial law, but also is very universal and important environment administration opposite party in the environment administration. In order to resolve the environmental problems, and relieve the baffle which the environmental right is stipulated as private right, and reverse the phase of environment administration's low efficiency, and reduce the legislative questions of environmental duty of corporation in China, it is especially essential to study the question concerning the environmental duty of corporation. By stipulating the strict and complete environmental duty for the corporation, we will achieve the ultimate objective of environmental protection. This thesis analyzed the category about the environmental duty of corporation. The thesis considers that the environmental duty of corporation is the amendment to the absolute commercial purpose of corporation and one kind of social duties of corporation. The thesis discussed the value and type of environmental duty of corporation, and the relations with the environmental liability of corporation. It has the rationality of realistic foundations and theoretical foundations that the corporation should undertake the environmental duty. The realistic foundations represent three aspects. The first is the interacting relations between the environmental duty of corporation and the profit objective of corporation. The second is the condition as it is and the condition as it ought to be that Chinese environmental law mainly centers on the duty regulation. The third is the foreign country and international organization's legislative practice related to the environmental duty of corporation. The theoretical foundations include the theory of corporation's social responsibility, and the theory of environmental ethics which is different from the traditional doctrine that human is the center among all living beings in the earth, and the theory of externality. The thesis discussed the concrete construction of Chinese environmental duty of corporation from environmental duty of corporation belonging to the public law and environmental duty of corporation belonging to the private law aspect. It put forward the legislative pattern of environmental duty of corporation from fundamental environmental law, separate environmental law and corporation law aspect. It divided the environmental duty of corporation belonging to the public law into the duty of preventing harm to environment, the duty of controlling harm to environment, the duty of clean production, the duty of reporting environment information, the duty of accepting investigation on environmental protection and so on. It divided the environmental duty of corporation belonging to the private law into the duty of disclosing environmental information and the duty of attending to environmental safety. The conception of environmental duty of corporation will impact on the present legal system, so we need the corresponding innovation in the environmental law, the environment administrative law and the civil and commercial law. At last, the thesis considers that we should rationally eliminate the deification on the environmental right and should discuss the theory and practice of environmental law from the aspect of environmental duty, which is to improve the effect of environmental law. Whether natural person or organizations such as corporation should insist on the conception that the duty isn't the burden of legal non-interest, but is a kind of method to realize the rights and legal interests, and that struggling for the duty is to show the respect for other people's right and obtain other people' respect for own right.