Institutional Research On Environmental Tort Liability Of Commercial Bank

In the context of green development,commercial banks should assume environmental legal responsibilities.Commercial banks shall bear environmental tort liability for the environmental pollution caused by the sewage companies they fund.In practice,a large number of sewage companies funded by commercial banks are unable to bear full compensation for the environmental pollution caused by them,and environmental pollution control cannot be promoted.As a for-profit enterprise,a commercial bank shall assume corresponding environmental tort liability for its investment activities.To solve the problem of shortage of funds for environmental pollution control,it can also force commercial banks to enhance their concept of environmental legal responsibility.Some countries that attach great importance to environmental protection,such as the United States,Canada,and the United Kingdom,have introduced commercial environmental tort liability systems.In recent years,China has begun to promote the development of green finance.Both the practice and the theoretical level have raised the requirements for commercial banks to assume environmental tort liability.However,the comprehensive research on the subject of the academic system is still extremely rare,which leads to a serious lack of theoretical guidance for commercial banks' environmental tort liability legislation.In view of this,this paper is based on the practical analysis of the environmental tort liability of commercial banks,and establishes the practical value of this topic research.Under the guidance of relevant theories,it fully explores the legal dilemma of China's commercial banks to undertake environmental tort liability,and combines relevant foreign experience.The actual situation in China is to build a scientific and reasonable commercial bank environmental tort liability system.The logical structure and specific content of this paper are as follows:The first part is the development of green credit and the settlement of environmental tort liability disputes of commercial banks.The development of green credit needs a reversal mechanism,and the commercial bank environmental tort liability system with this role needs to be set up.At the same time,it solves the disputes concerning the environmental tort liability of commercial banks that appear in practice,and also requires research follow-up.The third part is the analysis of the legal dilemma of China's commercial banks to undertake environmental tort liability.At present,there is no special legal provision.Other relevant laws and regulations do not support commercial banks to bear environmental tort liability.The supporting system for setting up commercial bank environmental tort liability is also not perfect.These dilemmas highlight the need to perfect the current law.The fourth part is the empirical analysis of the environmental tort liability system of foreign commercial banks.The United States,Canada,and the United Kingdom set up a commercial bank environmental tort liability system in the early years of legislation,which in many respects can provide many useful experiences for building a commercial bank environmental tort liability system.The fifth part is the concrete idea of constructing the environmental tort liability system of China's commercial banks.According to the foreign experience and relevant theories combined with the actual situation of China,the paper puts forward the concrete assumptions of constructing the environmental tort liability system of China's commercial banks from the aspects of the liability principle,constituent elements,limitation of liability and exemption of commercial banks.