Research On Ruling By Law Problems Of Enterprises Environmental Responsibilities

Enterprises as the main economic subjects in market economy, its production andoperation activities are the key reasons of environmental problems. At the same time, theenterprise is also the main force to solve the problems of environment. In the face of theincreasing deterioration of the global climate change, the low carbon development roadcalling for low emissions, low energy consumption and low pollution is the inevitable choicefor enterprises.If enterprise shoulder their environmental responsibility, respond actively tothe change of environment and transform traditional development road to a clean path whichis good for resources conversation, new energy utility and carbon emission reduction, then theimpact of environment change will be eased effectively. In view of this, the study of thecorporate environmental responsibility has gradually become the research focus ofenvironmental law, especially in tackling climate change, the study of the corporateenvironmental responsibility is of great importance. In the development of corporateenvironmental responsibility, the developed countries in the aspect of theory research andpractice, are walking in the forefront of The Times, have also made obvious effect. However,the legal environment of the enterprise environmental responsibility to respond to climatechange is not standardized in China.The legislation has not make clear a regulation,someforeign advanced legal systems in our country have yet to be established, the relevant legalpolicy is not perfect enough.Not only that, in the environmental law enforcement and judicial,corporate environmental responsibility consciousness and social supervision and so on alsoneeds to be the pursuit of quality development. Therefore, based on our country’s basicnational conditions, draw lessons from the advanced experience of developed countries, toperfect our system of environmental law, strict environmental law enforcement, strengthen thepublic participation, perfecting the social supervision, promote enterprise actively undertakeenvironment responsibility to respond to climate change, establish the international image ofChina in tackling climate change, as the purpose of this study. In this paper, the researchcontents are divided into the following five parts:The first part is the introduction of the paper. First, it introduces the background andresearch significance of the paper by tracing the theory and practice of corporate environmental responsibility, and then it describes the importance of environmentalresponsibilities. Second, the paper clarifies its research at home and abroad. Finally, the paperintroduces the outline and innovation of this paper.The second part mainly analyzes general problems of enterprises environmentalresponsibilities. First,by tracing its theory and practice basis, the paper gets a thoroughunderstanding towards the environmental responsibilities, which is helpful to take an in-depthstudy towards enterprises environmental responsibilities. In addition, the paper defines theconcept of enterprise environment related to climate change. On this basis, the paper clarifiesdifferent responsibilities of enterprises in different stages, which can correctly guideenterprises to take their duty of carbon reduction.In the third part, this paper mainly discusses our country enterprise environmentresponsibility of the rule of law to respond to climate change. Concrete analysis of legislation,law enforcement, legal and corporate responsibility consciousness and the social supervisionaspect.First, the defects of legislation lie in the following aspects:(a)the legislation ofcorporate environmental responsibility on climate change lags behind;(b) a lack ofprovability,because of scattered regulations;(c) a lack of relevant legislation system. Second,two imperfections are existed in the law enforcement of the administer:(a) environmentalenforcement is not strict enough;(b) government’s environmental enforcement measures arenot rich. Third, judicial system in environmental responsibilities is far from enough:(a) lackof judicial resources of environmental litigation;(b) environment public interest litigation isshort of operability. Fourth,the enterprises have a weak awareness of law-abiding on climatechange which are mainly shown in two aspects:(a) the enterprise investment climate changeenvironment responsibility consciousness,(b) the backward enterprise environmentalmanagement concept to respond to climate change.Finally, the social supervision system isnot perfect, which thus can not give full play to the supervision of the public, media andenvironmental NGO.In the fourth part,this paper is to perfect environmental responsibilities of China in termsof legislation, law enforcement, judicial and law-abiding. Firstly, in the aspect of legislation, itis to implement the legislative idea of sustainable development, by perfecting the legal systemto respond to climate change. In addition,the enterprise environment responsibility of relevant legal system should be built to respond to climate change, such as: carbon emissions tradingsystem, tax system, carbon label system, green market access system. Secondly, in terms ofenvironmental law enforcement, not only to strengthen the environmental lawenforcement of the enterprise liable to address climate change, but also to attache greatimportance to the government’s economic incentives as well as to promote enterprises takeenvironmental responsibility actively. Thirdly, in order to perfect the judicial aspect, it is toperfect the environmental public interest litigation, to guide people to be rational to maintaintheir own legitimate rights and interests of environment through legal channels. At the sametime, it also should provide approaches of environmental proceedings. Fourthly, enterprisesshould take the initiative to undertake the environmental responsibility for tackling climatechange, first of all, it should continue to strengthen environmental education, improve thestaff’s consciousness of climate protection and environmental responsibility; next, it shouldpromote clean production mode, eliminate the pollutants in the process of production, andachieve the industrial production process control at last. Then, the enterprises should changethe traditional management strategy, introducing the idea of environmental responsibilityinto the management process, and implementing the comprehensive environmentalmanagement strategy. Fifth, to strengthen the social from all walks of life to the supervisionof corporate environmental responsibility to respond to climate change, broadening thechannels for public participation in environmental protection supervision, actively play a roleof environmental NGO and the supervision of news media. Through legislative, lawenforcement,judicial, and enterprise’s own environmental responsibility consciousness and theimprovement of the social supervision, encourage enterprises to cope with the environmentalresponsibility of climate change, contribute to climate change.