Research On Enterprise Environmental Civil Liability

The behavior of enterprises discharging pollutants in production and operation activities is one of the important reasons for environmental pollution and ecological damage.Enterprises earn profits from their production and operation activities.According to the concept of fairness and justice,enterprises should also be responsible for the consequences of environmental pollution and ecological damage caused by them.Although China’s environmental protection law,civil code and other legal norms stipulate that enterprises should bear environmental civil legal liability,there are still many problems in its system.Therefore,further improving the corporate environmental civil legal liability system is of great significance to fully protect the ecological environment and the rights of victims.Starting from typical cases,this thesis reveals the problems existing in China’s enterprise environmental civil legal liability.In terms of liability,such as unclear damage standard and single specific application mode of preventive liability;The division of responsibility subjects is unclear and the applicable recovery standards are not unified;The scope and standard of compensation are vague and the ownership of compensation is unclear.In terms of the guarantee of liability realization,there is a lack of legal regulation on the assumption of environmental civil legal liability after the termination of enterprises,and the socialized relief system of environmental civil legal liability of enterprises is not perfect.Combined with China’s actual and foreign experience,this paper puts forward some suggestions to improve China’s enterprise environmental civil legal liability: first,in terms of liability,we should first clarify the standard of environmental "damage" and increase the specific way of preventive liability;Secondly,we should clarify the subject of restorative responsibility and formulate reasonable repair standards;Finally,we should clarify the scope and standards of compensation and establish a unified environmental damage compensation fund.Secondly,we should broaden the scope of the legal liability system of the enterprise,for example,in the construction of the legal subject of environmental protection,we should first broaden the scope of the enterprise to bear civil liability;Secondly,we should improve the social relief system,such as improving the enterprise environmental civil liability insurance system,establishing and perfecting the environmental damage compensation fund system;Finally,we should build an institutional system to support enterprise environmental civil legal liability from the aspects of establishing enterprise environmental risk prevention and control management system and perfecting enterprise environmental information disclosure system.