Research On Environmental Civil Legal Liability Of Commercial Banks

In recent years,with the continuous improvement of China's industrialization,environmental pollution and ecological damage have gradually become the focus of national attention.In the context of the development of the green wave,green finance and green credit have also emerged quietly.As the largest capital flow base for commercial banks,they also need to assume certain environmental responsibilities.In practice,commercial banks provide capital support to sewage companies,which is an indispensable part of the operation of the market economy.However,if the sewage companies face bankruptcy,it is difficult to pay for the huge environmental pollution caused,the ecological environment restoration problem cannot be solved,the people whose environmental rights and interests are infringed cannot be compensated,and the government pays bills endlessly.If a commercial bank,as an investor,fulfills its corresponding supervision and management obligations on its credit granting activities,this can not only alleviate the issue of environmental governance costs,but also strengthen the commercial bank as one of the market entities to bear the corresponding environmental social responsibilities and environmental legal responsibilities.The scope of commercial banks is mainly banking financial institutions.Whether it is a state-owned commercial bank,a joint-stock commercial bank,or a private bank,or a rural credit cooperative,as long as it meets the establishment conditions stipulated in the Commercial Bank Law of the People's Republic of China,it is subject to the supervision of the China Banking and Insurance Regulatory Commission,and it also operates to absorb public deposits and The loan business can be regarded as a commercial bank referred to in this article.Environmental civil legal liability also needs to follow the internal logic of legal liability,that is,a negative evaluation of illegal acts.Civil legal liabilities are mainly caused by acts of infringement,breach of contract,non-performance of civil legal obligations,etc.In China's relevant green credit legal documents,commercial bank lenders' prudent credit and supervision and inspection obligations are also included.If a commercial bank violates these obligations,May assume environmental legal responsibility.The development of the Equator Principles and green credit,the theory of security obligations,and the environmental and social responsibility of commercial banks have all promoted the development of commercial banks' environmental legal responsibilities.The specific obligations of commercial banks are mainly divided into three stages.The first is the obligation to inspect the borrower and the borrower of the loan project before the credit granting occurs;the second is the obligation of the commercial bank to monitor and review the report of the lender and the collateral during the use of the loan;Third,if the mortgage right is realized after the loan expires,the commercial bank may become the owner of the highly dangerous substance and have an environmental responsibility for the highly dangerous substance.At present,China's green credit has also undergone a period of development and progress.Environmental responsibilities to commercial bank lenders,from the 2007 “Guidelines on Crediting for Energy Conservation and Emission Reduction” to the “Plan for the Reform of the Compensation System for Ecological Environment Damage”,which has been constantly referring to the environmental responsibilities of commercial banks.Not only in response to the central government's call for related policies,various places have begun to try.However,China's legislation still has problems such as low level of legislation and unclear responsibilities.In addition,as the main body of the market,commercial banks are profit-oriented,and it is important to discuss whether the environmental legal responsibilities of commercial banks will affect their normal operations and cause chaos in the market order.Regarding how concrete implementation of environmental civil legal liabilities of commercial banks is implemented,the United States,the United Kingdom,Canada,and the United States,as typical countries,have determined the strict responsibilities of commercial bank lenders through jurisprudence.The United States has adopted the "Super Fund Act" to impose strict responsibilities on the producers of pollution sources and the owners and managers of highly dangerous substances;Canada has a very broad understanding of the scope of "control" of dangerous substances,and commercial banks are entirely likely to bear the environment because of possession of collateral Pollution liability;the United Kingdom divides environmental legal responsibility into possession responsibility and participant responsibility,and the interpretation power given to the court is also very extensive.Regarding the determination of responsibility,this paper believes that China should combine the experience of foreign countries and divide the behavior of commercial banks into acts and inactions,and become direct and indirect persons.Commercial banks have the obligation of supervision and reporting during the credit granting phase.If they violate the corresponding obligations or knowingly let go,they will be jointly and severally liable with the direct polluter;after the realization of the mortgage,the commercial bank will be in danger of clearing the possession of a highly dangerous substance Or guarantee the danger of non-proliferation.In this case,if environmental pollution occurs,the commercial bank and the manufacturer of the dangerous substance jointly bear joint responsibility for environmental pollution.In addition,commercial banks cause environmental pollution when processing collateral to make up for loan losses,which may make commercial banks directly responsible and bear environmental pollution liabilities.The theory guides practice,adopts an integrated legislative approach to legislation in the specific practice process,and based on China's existing legal system,with the "tort liability law","environmental protection law" and "commercial bank law" as its core,Introduce the concept of potential responsible person to clarify the environmental protection responsibilities of commercial banks.In addition,it is necessary to interface with other relevant systems,improve the environmental information disclosure system,environmental pollution liability insurance,formulate uniform environmental implementation standards,and strengthen cooperation with the environmental impact assessment system.