Research On The Legal Liability Of Green Credit In China's Commerical Banks

In recent years,China has paid more and more attention to ecological and environmental issues,vigorously promoted the construction of ecological civilization system,neglected the changes in the status of ecological environmental protection,accelerated the formation of an ecological civilization system,effectively promoted all-round resources,and significantly reduced the intensity of energy consumption,and forest coverage.Continued improvement,ecological and environmental management has been significantly strengthened,and environmental conditions have been significantly improved.Although China's ecological environmental protection work has achieved gratifying results,with the increasing needs of the people's better life,not only the requirements for material and cultural life are gradually increasing,but also the higher requirements for the ecological environment,The report of the 19 th National Congress pointed out that building an ecological civilization is a millennium plan for the sustainable development of the Chinese nation.It is necessary to establish and practice the concept of green mountain is gold mountain,implement the most stringent ecological environmental protection system,accelerate the establishment of legal systems and policy guidance for green production and consumption,develop green finance,and strengthen the energy conservation and environmental protection industry.Green credit is one of the main means to promote the development of green finance.China has launched a green credit policy.However,in the practice of green credit,because China does not have green credit legal system,commercial banks green credit self-discipline lacks constraints.The problem of “green washing” of credit has emerged.The root cause lies in the failure to establish green credit legal liability system and the lack of legal coercive guarantees,which makes the promotion of green credit difficult to implement.Therefore,in order to promote commercial banks to truly fulfill green credit system,through credit means,cuts off the sources of funds for “high pollution,high energy consumption” enterprises,achieves the purpose of preventing pollution and protecting the ecological environment,and it is imperative to improve the legal responsibility of green credit of commercial banks in China.This paper takes the concept and theoretical basis of commercial bank green credit legal responsibility as the logical starting point,and demonstrates in detail the necessity and feasibility of commercial banks to undertake the legal responsibility of green credit,combined with the practice status of China's green credit legal system,and draws on international green credit.The experience of the legal liability system puts forward the conception of the green credit legal liability system of commercial banks in China.Firstly,it analyzes and demonstrates the choice of legislative ideas and legislative models,and designs the green credit legal liability system of commercial banks in China from the aspects of responsibility subject,scope of responsibility,form of responsibility,principle of incrimination and exemption.Finally,it proposes the relevant supporting measures for establishing the legal responsibility of commercial banks' green credit from the perspective of formulating unified standards and improving information disclosure.In order to establish a green credit legal liability system,relying on the mandatory law,urge commercial banks to fulfill their green credit obligations,assume the responsibility of green credit,and truly achieve the goal of protecting the ecological balance and preventing environmental pollution.