Research On Environmental Tort Liability Of Bankrupt Enterprise

In the context of rapid development of the current economy,the degree of social industrialization is constantly deepening,and the environmental issues are also growing.Under the guidance of ecological civilization construction,members advocating members in society should assume responsibility for protecting the environment.Environmental responsibility is on important manifestation of corporate social responsibility.In the current laws and regulations,the relevant environmental legal responsibility for bankrupt enterprises has not been prepared,resulting in the lack of relevant regulations in the system level.Besides,In the judicial level,due to the lack of legal norms,there is a phenomenon of malicious evasive environmental legal responsibility.At this point,there is no sufficient,timely relief to fill up the injured party.There are many differences in environmental infringement and general civil infringement.First,the occurrence of damage,concealment,and latency,etc.,there is currently no regulation of relevant environmental infringement issues after bankruptcy.After bankruptcy,the company has lost its subject matter due to the logout regulations of the legal person system,which has formed a major obstacle to investigate its environmental civil liability.The current law stipulat es that there is a certain tension with the environmental civil liability of bankrupt enterprises.It needs to be detailed to this special case.This article deeply analyzes the environmental tort liability of bankrupt enterprises.In addition to the introduction and conclusion,this article is mainly divided into four parts: the first part is mainly an overview of the environmental tort liability of bankrupt enterprises,which aims to clarify its concept,discuss the theoretical basis of its commitment,and clarify that its tort liability is necessary to implement the green principle and the principle of responsibility for damage.The second part mainly starts from the relevant laws and regulations in the current situation,and puts forward the lack of the environmental tort liability mechanism of the bankrupt enterprise and the current statute of limitations provisions are not conducive to the investigation of environmental tort liability of bankrupt enterprises.The third part is mainly to discuss the domain of environmental infringement responsibility of bankrupt enterprises,and then summarize relevant experiences and enlightenment,such as giving priority to environmental infringing claims,improving environmental liability insurance system and constructing environmental damage compensation.The fourth part mainly elaborates the suggestions for improving the environmental tort liability of China’s bankrupt enterprises,which aims to establishes the subject of its tort liability,refines the reasons for the interruption of its environmental tort statute of limitations,and finally improves the method of its tort liability,so as to better improve the environmental tort liability system of China’s bankrupt enterprises.