Research On Legal Issues Of Environmental Responsibility Of Enterprises

As the main bearer of social responsibility,it is necessary to take the initiative to take responsibility for the increasingly prominent environmental problems.Although the research and practice of corporate environmental legal responsibility in our country are gradually improving in the process of coping with the emerging environmental problems,the practice of law enforcement,law enforcement,judicial and judicial affairs of foreign developed countries,such as the United States and Japan,There are still shortcomings in law enforcement.China’s corporate environmental legal responsibility is still a worthy of theoretical and practical problems.This paper mainly adopts case analysis method,value analysis and comparative analysis method,based on the environmental protection policies and practice of environmental public interest litigation as the basis,combined with a large number of literature,from legal practice experience of developed countries on the environmental responsibility of enterprises,discusses the legal responsibility problem of the business enterprise environment in china.In addition to the introduction and conclusion,the main body is divided into four parts:The first part is an overview of corporate environmental legal liability.First of all,the basic definition of corporate environmental legal liability is summarized.Secondly,this paper describes the theory and policy of supporting enterprises to undertake environmental liability.Finally,the author analyzes the legal basis of the environmental responsibility of enterprises.Starting from the basic definition and characteristics,combined with the theory and legal basis,there is a more clear understanding of corporate environmental legal liability.The second part is the problems and causes in the practice of corporate environmental liability in china.According to Changzhou City Public Welfare Association v.storage Moumou,Changzhou company and other civil public interest litigation in the case of soil pollution and Haier’s successful experience of practicecase description,think the problems in our country include: at the legislative level has legislative idea lag,lack of relevant laws and regulations;law enforcement issues including law enforcement.Strict and single means;the main problem lies in the judicial practice of environmental public interest litigation;law-abiding issues including enterprise lack of self-discipline mechanism of environmental legal liabilities and the corresponding environmental protection,the causes of these problems are caused by the lack of knowledge has limitations and factors of enterprise green development concept of the lagging of the law itself and the existence of local protectionism,public awareness of corporate environmental pollution behavior understanding.The third part is the comparative study on the legal liability of foreign enterprises.This paper mainly analyzes the legal system construction of the corporate environmental legal liability in the United States and japan.Some of the legal issues of corporate environmental responsibility in our country,such as legislation,law enforcement,judicial,law-abiding,etc..The fourth part is about the improvement of corporate environmental legal liability,which is the core of this paper.This part from the legislation,law enforcement,judicial and law-abiding four aspects of China’s corporate environmental legal responsibility of the existing problems and put forward some suggestions for improvement.Mainly include: updating the legislative concept,refine the legislative mechanism;government to strengthen law enforcement and improve the means of law enforcement,law enforcement means to promote diversification;by expanding the scope of the qualification of public interest litigation in the judicial practice,strengthen the operability of the environmental public interest litigation reform litigation fee system;finally,require the enterprises to develop environmental protection measures,improve the self-discipline mechanism of internal environmental protection.