Reflection And Reconstruction Of The Legal Basis Of Corporate Environmental Legal Liability

Mainstream research in the academic circles believes that the theory of corporate social responsibility is the legal basis of corporate environmental legal responsibility,but there are problems such as unclear concepts and unclear nature of corporate social responsibility,and the solution of these problems needs to find the root cause.The scholar’s approach to thinking determines the answer to the question,and what kind of thinking approach will lead to what kind of answer.The answer to the legal basis of corporate social responsibility as the legal basis for corporate environmental legal responsibility is hidden behind the thinking approach of transplantation and reference.This approach to thinking shows the characteristics of linearization,it seems that the theoretical foundation is getting richer and richer,but in fact,it has been wandering in the same dimension for a long time,and there are defects in insufficient research refinement and ignoring rights thinking.In response to the question of what is the legal basis of corporate environmental legal liability,it can also be concluded that environmental rights and commercial rights are the legal basis of corporate environmental legal liability according to the thinking approach of consistent rights and obligations.This approach to thinking shows the characteristics of structure,from the perspective of rights to explain the environmental legal responsibility of enterprises,mainly based on the close relationship between rights and obligations,with a dual category system although there is no dimension to break through the problem,but there are also misunderstandings of the disadvantages of rights thinking.The mainstream doctrine and its approach to thinking are both lacking in the thinking of rights,which is ultimately caused by the shortcomings of the rights-based theory: one is the one-way understanding of power;the other is the flat understanding of obligations.Power derives from rights,but is also relatively independent.Power relations are the relationship between domination and domination,with irrational attributes.This leads to the alienation of power after the birth of power,and gradually forms an independent content and system.There is a tendency of rights-based theory to be one-way and simplistic in its assertion of the relationship between rights and power.In addition,the rights-based theory has an implicit premise in the understanding of obligations,that is,rights are the only source of obligations,which ignores that power is also the source of obligations.Obligations are both the medium of exchange between rights and the price of exchange between powers.According to the enlightenment of the doctrine of legal centrism,power is a category that is on a relative level with rights,born from rights,and has an alienated gene.Rights and power require each other and are independent of each other,and only power can help to deepen the understanding of rights.This has led to a systematic thinking approach of rights,powers and obligations,providing a new path choice for answering the legal basis of corporate environmental legal liability,and making up for the shortcomings of the thinking approach of transplantation and reference,rights and obligations.The right to operate an enterprise is the basis of the rights of other enterprises and the premise for realizing the multiplication of enterprise capital,and the environmental legal responsibility of enterprises injects sustainable development momentum into this proliferation.This is the core of the two-sided relationship between the right to operate and the environmental legal responsibility of enterprises.At the same time,environmental administrative power and environmental public interest jointly point to the right to operate the enterprise,and the environmental administrative power is the legal logical link of the relationship between the right to operate and the environmental legal responsibility of the enterprise,and it is also an important side proof.Therefore,the right to operate an enterprise should be regarded as the legal basis for the environmental legal liability of enterprises.