Research On The Perfection Of Corporate Environmental Responsibility Legal System

With the rapid development of economy,citizens' material living standards have increased considerably.However,the rapid deterioration of environmental problems has also become more and more serious.The issues,such as the continuous haze weather?the range area of river pollution,have caused citizens' attention that environmental degradation is a main challenge that they have to overcome.the enterprises which maximize the profits as the target,as an important component in the society,create a huge wealth for the society but also cause the damage to the environment.The main factor that industries cause the environmental pollution is that the exploration of natural resources and industrialization in the production process results in the accumulation of garbage and the discharge of industrial waste into bodies of waters.In order to address the environmental degradation of the commom issue,enterprises need to take the initiative to make efforts and take social responsibility.Corporate environmental responsibility is a typical social responsibility that enterprises must fulfill.On the other hand,the "green principle"in "the general principles of civil law"also declare the enterprises' environmental protection obligations.Therefore,enterprises should be responsible for the environmental degradation and make efforts to improve the environment and fulfill environmental responsibilities.At present,the obligation of environmental responsibilities for enterprises to perform is passive.The vast majority of enterprises are still achieving economic benefits at environmental cost.Apart from the reason that the enterprises environmental awareness is weak,the crucial factor is that the legal system of corporate environmental responsibility in our country is imperfect and the legislation?law enforcement are insufficient.Additionally,there is not a rigorous legal system,strong law enforcement means and a sound judicial relief system to guide and regulate illegal corporations.Therefore,the key to improve the environment is to improve the legal system of corporate environmental responsibility,clear corporate environmental responsibility,and guide enterprises to use renewable resources.Apart from the introduction and conclusion,this thesis can be divided into four parts:The first part presents the overview of corporate environmental responsibility,clarifies the characteristics of corporate environmental responsibility meaning and related theories,which lay a foundation for the following writing.The second part clarifies the problems existing in the legal system of corporate environmental responsibility by analyzing the country's legislation,law enforcement and judicial practice,to find the problems related to the legal system.For example,there is a lack of unity and coordination in legislation and the relevant legal level is not high,the operability is not strong;Additionally,the establishment of law enforcement in enforcement mechanism is unscientific,the punishment systems are single and defective and the supervision system is ineffective.Besides,the lack of judicial resources,difficulty in maintaining legal rights and the imperfect Public interest litigation system are barriers for corporation to implement environmental responsibility effectively.The third part is to study the foreign legal system of corporate environmental responsibility,this thesis introduces the practices of the developed countries and summarizes the successful experience to learn.The fourth part talks about the path of perfecting the legal system of corporate environmental responsibility in our country.Aiming at the problems found above and learning from foreign experience on the basis of the reality of our country,the thesis provides some suggestions.First of all,we should improve the legal system of corporate environmental responsibility in our country in the legislative concept under the new legislation,and to focus on improving the operability of the law;Secondly,we should change the concept of law enforcement,strengthen the law enforcement,and increase communication and coordination between law enforcement departments on the basis of clarifying the responsibilities of these departments.Various means of enforcement?perfect law enforcement legislation and sound supervision system are important too.Additionally,in the judicial relief system,we should pay attention to the relationship between judicial resources and practical needs and reduce the difficulty of environmental tort rights,and improve the environmental public interest litigation system,as well as provide a full range of judicial protection.Finally,we need to improve the extended producer responsibility system,environmental liability insurance system and the enterprise information disclosure system to ensure the implementation of these responsibilities.