The Research On The Legal Issues Of Green-Credit Policy

With the rapid development of our national economy, more and more enterprises, excessively driven by the economic rewards, begin to expand the high-energy and high-pollution industries with the shortsighted mind and ignore the environmental protection, which have lead to the increasingly environmental degradation. In order to improve the bad environmental situation, the government begins with the treatment of the polluted enterprises, and intensifies the environmental protection with these measures such as penalty, shutdown and improvement within the specific time. Because the most fund used for enlarging the scale of these enterprises is borrowed from the commercial banks, once the collapse of the pollution-caused enterprises happens, the credit crisis of these banks are increasing which might influence the economic security and social stability. Green-credit policy put forward by our government is such a kind of measure that demands the financial institutes such as the commercial banks, taking the environmental-friendship as the important standard of sending out the credits, give priority to make loans to these enterprises and projects which pay attention to the environmental protection and carry out the circle economy, and at the same time they restrain the amount of loans which is allocated to the enterprises and the projects of the high-energy and high-pollution, hoping to achieve the regulation and control for environmental protection with the help of the financial measures. Green-credit policy, a kind measure of market economies, can make the environmental cost internal, its effect is better than that of the administrative measures and to some extend it enriches the environmental measures. At present, the green-credit policy in our county set the first step. Although all the commercial banks positively appeal to this policy, there are lots of difficulties in the system and technology which is showing in these spheres:the lack of the relative laws in the operation of the policy, the deficiency in the standards of operability and validity, the imperfectness of the communication mechanism and the shortage of the incentive mechanism.This thesis is composed of four chapters:Chapter one begins with a definition of the green-credit policy and gives a further explanation for its rules, characteristics and the necessity of the operation and sings high praises of the green-credit policy importance in the environmental protection and economic development. Chapter two analyses the specific implementation abroad and summarizes the experiences of implementation in USA, Britain and Japan, and the revelation of China. Chapter three analyses the current legal systems in green-credit policy, which focuses on the background that the green-credit policy is put forward and the current situation of operation in China. Because of the lack of smooth informative communication mechanism, the shortage of the detail bank regulations focusing on the social responsibilities, and the lack of the relative incentive mechanism and supervision mechanism, although the green-credit policy in China has made some achievements, it has never achieved the prospective results. Chapter four brings forward the perfect measures against the problems existing in the process of operating the green-credit policy, hoping through solving the problems to make the whole function of the green-credit policy take full effects, conduct the funds to flow into these enterprises and projects that support and promote the undertaking of environmental protection, and appropriately withdraw the funds from the enterprises and projects that destroy and pollute the environment, which really achieve "green allocation" of the funds and the harmony between economic development and environmental protection.