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Research On Lender's Environmental Civil Liability

Posted on:2020-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:X PengFull Text:PDF
GTID:2416330572494170Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Today,the subtle relationship between economic development and environmental hazards has led to rapid economic development and frequent environmental incidents.Environmental tort liability is particularly valued by all sectors of society.The current environmental challenges we face are not only the end-of-pipe governance issues in environmental events,but the fundamentally sustainable economic development issues.The cost of environmental degradation brought about by the long-term rapid economic development is difficult to estimate.The Chinese government has already recognized that the drawbacks brought about by the pollution-based development model will raise green development to the highest level of the national development strategy.As the relative main body of the borrower,the lender is an important driving force to promote the current social and economic progress,shouldering the burden of maintaining economic and environmental sustainable development.The transformation of the lender from the economic man to the ecological man is an emphasis on the environmental awareness of corporate social responsibility,which is manifested in the responsibility of raising the voluntary implementation to the legal level.According to the role of the lender in environmental incidents,it is divided into two categories: pollution actors and pollution stakeholders.The commitment of the lender's environmental tort liability is not only an important means to achieve sustainable development,but also a realistic requirement to enhance the lender's self-control environmental risk.On the basis of today's law,the construction of the lender's environmental tort legal liability is in line with the goal of sustainable development,and it is imperative to transform the lender's environmental responsibility from social responsibility to legal responsibility.This paper mainly analyzes the construction of the legal liability of the lender's environmental tort from four aspects: First,the concept of the legal liability of the lender'senvironmental tort,from the main body,the scope of responsibility and characteristics;second,analyzing the loan The legitimacy and necessity of establishing legal liability for civil torts in human environment;thirdly,further discussion on the construction of legal liability for environmental torts of lenders from the status of legislation and the need for improvement.Fourth,through the analysis of domestic environmental infringement cases and the experience gained in the litigation of the environmental tort liability of lenders in foreign environmental infringement cases,the proposal to construct the legal liability of environmental infringement of Chinese lenders is formed;Fifthly,it puts forward the idea of constructing a legal liability system for environmental torts of lenders in line with China's national conditions.
Keywords/Search Tags:Environmental infringement, lender, environmental civil liability, green finance
PDF Full Text Request
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