The Research Of Corporate Environmental Responsibility From The Perspective Of Commercial Law

In recent years, the fact that companies at home and abroad caused a series of environmental pollution incidents has aroused the concern to the company's environmental responsibility. Scholars began to break through the traditional commercial law thinking, presented that as an important part of society, companies must protect environment and use natural resources rationally while pursuit their own interests. Firstly, the nature, connotation and extension of the company's environmental responsibility are analyzed, and the theoretical basis of environmental responsibility is expounded from the perspective of the commercial law firm, I believe that the requires of companies to take environmental responsibility are not only because of the adjustment the value of commercial law and the commercial law's pursuit of social justice and order, but also because of the demands from the theory of company stakeholder. This paper also describes the company's commitment to environmental responsibility under the special circumstances, including in bankruptcy, dissolution and out of property due to the fault of the shareholders of companies, puts forward amendments to the relevant insolvency regime, and proposes that the system of disregarding of the Corporate Entity can be used to investigate responsibility of shareholders of companies. When we emphasize the environmental responsibility of companies, and at the same time we should also note that as the most important subjects to promote social and economic development, companies should not be gave with heavy burden regardless of public law or private law, so as not to affect the company's business initiatives or the national economy. And as private law, commercial law's main pursuit is still to maximize profit of business subjects, in addition to developing a series of regulatory to responsibility for corporate to actions safeguard the environment, commercial law should take social mechanisms to share companies' social responsibility. So, finally the paper discusses the special ways for companies to take environmental responsibility from the view of commercial law, including corporate environmental liability insurance and environmental damage compensation fund, in order to guarantee the full implementation while not affect the normal operation of the companies.