The Research On The Environmental Legal Liability Of Commercial Banks

Since the reform and opening up,China's rapid economic growth has attracted worldwide attention,but extensive economic development is increasingly constrained by energy,resources and environment.The contradiction between the highly polluting production mode and the sustainable development of economy is increasingly prominent.According to the existing laws and regulations,Our main legal mean to deal with environmental pollution is holding polluting enterprises accountable,that is,polluting enterprises as a direct cause of environmental pollution are responsible for restoring the environment and compensation for losses.But in effect,due to the judgment proof problem,limited compensation ability and limited liability system,only making the polluters accountable for environmental pollution shall not help us achieve the reconstruction of " green mountains and rivers ".However,we can not hold the idea of “management after the contamination”,as the environmental management cannot wait until achieving high-speed economic development.It is clear that the "green transformation" of Chinese economy will be slowed down.In this context,the "green finance","green credit" propose that,commercial bank as a "conductor" of the national economic policy,plays an important role to achieve "green transformation" in response to environmental pollution.Commercial banks,as the main source of funds for polluting enterprises,will promote the internalization of borrowing enterprises' external costs in the credit business.However,the implementation of the green development needs both the support of the government oriented policy and the guarantee of legal coercion.According to the existing laws and regulations and policy opinions,the commercial banks of our country bear only the non-mandatory corporate social responsibility for the environmental factors.However,due to the low level of legislation and unclear legal obligations,it is difficult to provide enough incentives and constraints for commercial banks to comply with non-mandatory corporate social responsibility.Therefore,based on breaking the "prisoner's dilemma" and the socialization of legal liability between commercial banks,it is necessary to establish a system of environmental liability for commercial banks at the legislative level.When a commercial bank fails to fulfill its environmental obligations in the process of loan review,and it has indirect force on the occurrence of environmental events,it should bear additional responsibilities for the borrower.