Study On Legal System Of China's Enterprise Environmental Responsibility

With the industrialization and modernization process had produced modern environmental problems . Since the early legislation in the enterprise strongly of individualism,makes people's understanding of the enterprise stays on it as a joint venture,the joint shareholder returns of organization,pursue the maximization of the interests of the shareholders will become the sole purpose of the enterprise.The late 19th and early 20th century,along with the development of the enterprise expands unceasingly,industrial development on the negative influence on society increasingly exposed,social concern for enterprises rose to a new height.The United States is the first national study of the social responsibility of the enterprise,Shelton was first proposed the social responsibility of the enterprise as a concept in 1924.People began to explore The enterprise in pursuit of their economic benefit maximization, bear with certain commonality of social responsibility.Since the 1930s , due to the environmental pollution frequent appearance ,environmental protection movement rise in worldwide,society began to pay more attention to the environment responsibility of enterprises,the international society urgently need to take some action to solve these problems.In 1972,United Nations held the human environment conference and Issued the "Declaration on the Human Environment" in Stockholm,put forward human in the exploitation and utilization of nature, and also to assume maintenance responsibility and obligation of nature.January 1999, on the World Economic Forum in Davos,United Nations Secretary General Kofi Annan proposed a "global deal" and in July 2000 was officially launched at United Nations Headquarters. this agreement called on companies to comply with social responsibility includes the environmental requirements. On December 12, 2001 social responsibility international group released the first edition SA8000 standard, responsibility of the enterprises in this standard involved in environmental protection. Enterprise's environmental responsibility aroused the attention of international society.Enterprises as the main participation of the main socio-economic activities,have also begun to bring environmental protection, environmental management into enterprise management decision-making,Seeking the unity of self-development and socio-economic sustainable development. The legal system of enterprise environmental responsibility become a new topic for theorists urgent need to research. This paper from the perspective of environmental law to study the legal system of enterprise environmental responsibility of our country. Its contents are as follows:Introduction part explained the legal system of enterprise environmental responsibility in the necessity and reasonableness through the analysis of the enterprise environmental responsibility in research background and status of domestic research.Part I defined the enterprise environmental responsibility through the origin and the definition two aspects, that the enterprise was to take environmental responsibility, Because since the continued development and ultimately has been the market main subject, enterprises have to bring a greater environmental disaster.Therefore, as a society make up or to the development of the enterprises themselves, enterprises should actively take environmental responsibility.Part II mainly expounds the necessity and theoretical basis of the enterprise bear environmental responsibility,enterprise environmental responsibility is the inevitable choice of market economy, in the background of economic globalization, the enterprise wants to win more marketmust be more recognition, and his recognition is becoming more and more reflected in the enterprise's image in people's minds. Therefore, undertake environmental responsibility to promote the enterprise market image, is the inevitable choice to the enterprise who want to develop. In addition, enterprise environmental responsibility also the inevitable requirement of the sustainable development, sustainable development emphasizes people-centered, natural and economy harmonious development, requests the enterprise economic development can not be the cost of damage to the environment, should be in the development of the economy,promote resources and environment permanent existence. Enterprise environmental responsibility to the social responsibility of the enterprise theory basis, is an important aspect of Corporate Social Responsibility, enterprise environmental responsibility is a legally and morally confirmation on the enterprise's environmental obligations. Enterprise environmental responsibility also based on ethics. In ethics rules, enterprise as the main body of the production activities, not only to the pursuit of economic, but also pay attention to ecological benefit. Enterprise Affairs and Environmental Affairs to be considered together, clear their responsibility, active and actively undertake environmental responsibility for the protection of the natural environment.Part III from three aspects which inclould the environment admittance system, the enterprise environment information disclosure system and the enterprise environmental liability insurance system emphatically introduces Chinese enterprise environmental responsibility of legal system. The so-called environment admittance system, that is, any human production and consumption, its consequences must be considered from the environmental requirements, we must first consider the protection of the environmentto make sure that Production and consumption of human behavior can be done. China's law of environment admittance system is not comprehensive, now includes environmental impact assessment system and the "three simultaneous" system. The enterprise environment information disclosure is a kind of brand-new environmental management method, it emphasizes the public participation, emphasize the authenticity of information disclosure and universality. Enterprise of environmental liability insurance is insured for environmental pollution which should bear the compensation, or management of environmental liability to the subject of liability insurance. Established of enterprise of environmental liability insurance system has great significance for environmental protection, safeguarding the legitimate rights and interests of victims, protect the normal operation of the enterprises themselves and to maintain social stability.Part IV is about perfecting the legal system of the enterprise environment responsibility. Practice has proved that using the comprehensive adjustment mechanism to make enterprise be responsible for environment responsibility is of better effect than in a single adjustment mechanism. The comprehensive adjustment mechanism we mentioned here including the environment responsibility that the enterpise should bu responsible for, building the enterprise environment responsibility system, and strengthenning enterprise environmental responsibility supervision mechanism. First of all we need to build the legal system of enterprise environment responsibility so the scope of environment responsibility can be clearly defined. And through the legal norms of resource allocation make enterprises maximize the using of natural resources. Secondly, it's very important to perfect the enterprise environment information disclosure, insurance schemeand the dmittance system of our country.all these institutions cooperat mutualy to make the erterpirise be responsible for enterprise. Finally, strengthen the supervision mechanism of enterprise environment responsibility.In the interior supervision reference environmental director, environmental monitoring shareholder proposal right system to supervise the enterpise implement environment responsibility directly or indirectly. In the external supervision to give full play to the functions of the government sector of the supervisory role of the enterprise, and to fully exert the social public, environmental activists to supervision enterprise performance environmental obligations.Anyhow, the perfection of legal system of enterprise environmental responsibility is in favour of the enterprise environment responsibility. It is a systemic and tougt task., need to fully mobilize and utilization social resources and the support from the government, enterprises and social aspects of public to achieve the target.