Research On The Legal System Of Green Credit From The Perspective Of Xi Jinping’s Thought On Ecological Civilization

Since the 18 th National Congress of the Communist Party of China,China has attached great importance to green finance,adhered to the green development concept to guide the reform of the traditional financial industry,and promoted the comprehensive green transformation of economic and social development.Green credit refers to the credit system in which commercial banks effectively control the capital sources of enterprises with high pollution and high energy consumption through credit means,so as to prevent pollution from the source and protect the ecological environment.Green credit as an important part of green finance,both at home and abroad in various ways to promote its steady progress,China has introduced a number of green credit policies,but in practice,due to the green credit legal system is not yet perfect,and the banking industry lacks of green credit self-discipline constraints,so that China’s green credit policy is slow to promote,difficult to really land.How to further promote and perfect our country’s green credit legal system has become an urgent problem to be solved.On the basis of practical experience in the construction of ecological civilization in China,the Party Central Committee has integrated the Marxist concept of ecological civilization and the excellent traditional ecological culture of China,proposed significant theories and practical crystallization of ecological civilization construction,and formed Xi Jinping Thought on Ecological Civilization.It is an extension and development of Marx and Engels’ ecological and natural views and the ecological wisdom in traditional Chinese culture.It enriches and improves the theoretical system of socialism with Chinese characteristics in the new era,helps to accelerate China’s ecological civilization construction,and constructs a new pattern of global ecological governance.Building a new pattern of global ecological governance.Green credit is an important manifestation of practicing the concept of Xi Jinping Thought on Ecological Civilization in economic construction,and improving the legal system of green credit is a direct manifestation of implementing the concept of Xi Jinping Thought on Ecological Civilization and the rule of law.The essence of green credit is to effectively coordinate the relationship between economic development and environmental protection through financial means,guide social capital into enterprises and projects that promote green development,and withdraw original funds from the "two high" enterprises and projects,so as to achieve the "green allocation" of social capital and realize the integrated development of traditional financial industry and ecological environmental protection.Green credit has the legal attribute of public-private integration,the social attribute of sustainable development and the financial attribute of regulating leverage.The content system of green credit legal system mainly includes the legal standard system of green credit,the environmental impact assessment system,the information disclosure system,the supervision mechanism and the legal responsibility system.The construction of green credit legal system can reflect the value of ecology,order,justice and efficiency of law.The analysis of the status quo and problems of China’s green credit legal system is mainly carried out from five aspects: the status quo of China’s green credit legal standard system,environmental impact assessment system,information disclosure system,supervision mechanism and legal responsibility system.China’s legal standard system of green credit mainly includes related systems at the two levels of laws and policy documents.At present,green credit has no specialized legislation,but mainly adopts normative documents of ministries and commissions and local normative documents.There are problems such as low legislative level and systematical system,insufficient rigidity of legal norms,lack of financial macro-control design and uncoordinated practical operation.After long-term exploration and development,the environmental impact assessment system in green credit has initially formed a rational and operational system,but there are still problems such as imperfect regulations,lack of marketization mechanism,insufficient integration with other links of green credit,imperfect classification standards,and weak performance of corporate social responsibility by enterprises and banks.In the latest green credit information disclosure system,financial institutions should publicly disclose the actual situation of green credit used for carbon emission reduction loans and the specific amount of green credit to promote carbon emission reduction,but at present,some financial institutions lack the willingness to participate,the accuracy is not enough,and the supervision system and information sharing mechanism are not sound.China has made provisions on the supervision of green credit through laws and policies,but there are still problems such as lack of responsibility,lack of legislative expression,lack of coordination between regulators,lack of public participation,lack of business process supervision,etc.As a result,the regulatory deterrence and credit degree of green credit are not high.In terms of legal responsibility for green credit,there are some problems such as lack of specific legal provisions,weak incentive mechanism,lack of voluntary implementation basis of "Equator principle",and difficulties in identifying legal responsibility of commercial banks in the course of practical operation.Although China has carried out fruitful exploration in all aspects of green credit business,the relevant normative documents are still in a fragmented state,and a complete legal system of green credit has not been established,and specific institutional rules in many aspects need to be further constructed and improved.In terms of the green credit legal system,legislative effectiveness should be enhanced,institutional measures should be strengthened,macro-control system construction should be strengthened,and a regulatory mechanism with unified standards and institutional coordination should be formed.In the environmental impact assessment system of green credit,we should establish and improve the legal system of environmental impact assessment,establish a multi-level market-oriented mechanism,strengthen the integration with green credit,improve classification standards,build an incentive mechanism for environmental impact assessment rewards and punishments,and clarify corporate social responsibility.In the green credit information disclosure system,we should establish itemized disclosure standards,achieve full coverage of disclosure subjects,strengthen the construction of disclosure supervision system,increase penalties and enhance the legislative level.In terms of the supervision mechanism of green credit,it is necessary to increase the responsibility provisions,improve the supervision system,strengthen the supervision of the whole process,encourage external supervision of the society and establish a sound information sharing mechanism.In terms of the construction of green credit legal responsibility,we should perfect the green credit regulations,build commercial banks’ green credit environmental legal responsibility,strengthen government administrative incentive measures and introduce market mechanism.