A Study On The Legal Mechanism Of Environmental Social Responsibility In China

The company is profit-making organization that was established to maximize shareholders’ interests. However, during the companies’ operating, environmental administrative illegal activities like irrational use of environmental resources and the indiscriminate discharge of the industrial waste occur increasingly frequent, also poses a significant threat to public security, is not conducive to the realization of the concept of sustainable development. Corporate environmental social responsibility contains two aspects of content: one is the environmental protection duty that the company shall bear on the moral level; the other is the adverse legal consequences that the company must bear after implementation of environmental violations, which is called environmental legal responsibility.The present situation of realization about corporate environmental social responsibility present in our country is not optimistic. Many companies in our country lack the consciousness of environmental protection, environmental protection infrastructure is patchy, drainage technology is also relatively backward,the implementation of the relevant environmental legal system is not in place. The current situation leads to difficulties that corporate environmental social responsibility is facing. For reasonable use of resources, active prevention and control of environmental pollution, make the coordinated development of economic and social environment, the realization of corporate environmental social responsibility in our country is very necessary. Now the improving of the public environmental awareness and the perfecting of environmental laws, the continuous progress of the environmental law enforcement and judicial in the practice exploration, make the legal mechanism of the corporate environmental social responsibility feasible. Meanwhile, the emphasis of newly revised environmentprotection law of2015 is strengthen the legal responsibility and increase punishment power, make up for defects of the past legislation about corporate environmental social responsibility,will provide better legislative environment.Based on profitability of the company, just rely on the company’s social responsibility to implement the environment consciously is unrealistic. From the angle of legal mechanism, in this paper, the research focuses on the specification of the company environmental obligation and company environmental legal responsibility. It also helps company to consciously assume environmental moralresponsibility, thus better promoting corporate environmental social responsibility.The author starts from the concept and theoretical basis of corporate environmental social responsibility, distinguish between corporate environmental social responsibility and corporate environmental legal responsibility. Secondly discusses the specific content and value orientation of the legal mechanism of the corporate environmental social responsibility, research on present situation of corporate environmental social responsibility in our country, tries to explore and analyse of the causes of the dilemma from three aspects: legal provisions, the judicial relief means and law enforcement level. Finally, on the basis of past research and combines with practical situation of the the newly revised environmentprotection law, discuss the implementation of the three levels: legislation to form a complete legal system,improve law enforcement level to facilitate corporate environmental social responsibility implementation, and perfect the judicial relief means. The three aspects are closely linked with each other and complemented each other. The author expects to make organic combination of them, form systematic theoretical legal mechanism,develop targeted innovative point of view, achieve the realization of corporate environmental social responsibility.