Study On The Responsibility To Environment Of An Enterprise Under Circular Economy In China

The relationship between enterprise and natural environment is contacted closely, and the impact of enterprise to the environment is paid more and more attention by the society. Especially in order to realize sustainable development at present, our government proposes changing the traditional extensive economic mode, setting up intensive circular economy, and how to strengthen the due obligation and responsibility of enterprise in the course of utilizing and protecting the environment through law under this mode becomes a very realistic and urgent subject.There are two aspects why the enterprises need to undertake the responsibility to environment. On the one hand it meets the needs of reality of solving environment problem. On the other hand it is the results of social idea change. Through a succession of data we can find out that the implement of environmental responsibility is not satisfactory. There are two obstacles that enterprises may face while they undertake the environmental responsibility: for one thing it is because the shackles under the traditional economic mode; for another it is because the imperfect of existing legal adjustment mechanism, and this displays in two aspects: On the one hand it is because the massive existences of "soft law"; On the other hand it is because the legal rule has many "blind spot".On the first obstacle, we must clearly recognize the difficulty that the enterprise carries out the responsibility to the environment under traditional mode, so we should transfer development model and develop circular economy. Under circular economy, the aim of an enterprise's behavior has ecological changed. They didn't merely pursue economic benefits, but also seek eco-effieiency. The relationship between circular economy and environmental responsibility are interdependent and mutually promotive. On the second obstacle, it is unrealistic obviously if a law merely stipulates the responsibility through principled provision or hopes that the enterprise can protect environment spontaneously through morals requests. Therefore, some contents related with enterprise's interest and social benefits should be legalized. The legalization has two ways: First, we can merely stipulate enterprise's moral claim as one kind of broad principle in the law, demonstrate the nation's value guidance. But from legislator's angle, this is not the true sense of enterprise's environment legal responsibility we discussed; Another way is melts this kind of environmental responsibility in the concrete designing of institution.Because circular economy is implementing through three modes, so we can break a new train of thought, we can research the institution disposition based on the three modes, and should revise the present related system in the law, meanwhile should establish some new systems to coordinate with it. These systems mainly include the environment subsidy system, enterprise's waste treatment and recycling system, enterprise's cleaning product system, producer responsibility extending system, enterprise's emissions trading system, the resources renewable use system, the deposit system and the environment symbol system and so on.Through using the execution of law entrusts legal restraint and the safeguard nature to enterprise's environment responsibility, realizes the legalization transition of enterprise's environment responsibility, finally solving the uncoordinated contradictory between enterprise and environmental protection, realizing the entire society's co-prosperity and coexistent, achieving sustainable development.