Study On The Denial Application Of Parent-Subsidiary Legal Personality In Environmental Infringement

With the continuous development of China's economy,the degree of opening up to the outside world is getting higher and higher.Chinese enterprises have a broader space for development.Most enterprises are moving towards large-scale and transnationalization.This form of parent-subsidiary company has also emerged and developed rapidly.The parent-subsidiary company has the advantages of rational allocation of resources and diversification of business risks.And both have their own independent legal personality,but at the very least,the parent company and the subsidiary always have a controlled and controlled relationship.Because the parent company has such special legal characteristics,when the subsidiary has an environmental infringement incident,how the parent company becomes the subject of compensation with the subsidiary is a difficult problem that both the theoretical and practical circles are discussing.A problem Most scholars have indicated that they can be solved by applying the legal personality denial system in the Company Law.However,the legal personality denies that this system is within the scope of the company law and has its own legally applicable conditions.The application of the system to the scope of environmental infringement will inevitably have speciality and conflict.In order to apply the legal personality denial to the mother and subsidiary in environmental infringement,it is necessary to investigate the related issues of the denial of the parent-subsidiary legal personality in the environmental infringement,and try to provide suggestions for the denial of the parent-subsidiary legal personality in environmental tort.Based on this starting point,this paper selects the most representative three cases of environmental infringement cases of parent companies in recent years.Through the discussion of these three typical cases,the three cases are extended to the parent company after the environmental infringement incident caused by the subsidiary in China.The accountability mechanism is not perfect.In the end,most of them end with mediation or separate pursuit of subsidiaries.The parent company has not been included in the joint accountability through judicial procedures,which is unfair to the infringed person;in the second part The author will discuss the current disagreement between the parent company on the responsibility of the parent company in the environmental infringement incident,the conflict and speciality of the legal personality denial of the parent company in the environmental infringement;finally,according to the above analysis and combined with China's current national conditions,China's environmental infringement In the case,the applicable conditions for the denial of the legal personality of the parent company are reasonable.The parent company should be relatively relaxed in the application of the legal personality of the subsidiary in order to better protect China's ecological environment and maintain economic development.