Study On Civil Liability System Of Green Credit

In September 2020,Xi Jinping put forward the goal of "carbon peak and carbon neutralization" in the international community.The "carbon peak and carbon neutralization" goal refers to "striving for a peak in carbon dioxide emissions by 2030 and striving for carbon neutrality by 2060".The proposal of the goal of "carbon peak and carbon neutralization" requires our country to accelerate the transformation of economic development mode,promote the development of green industry,and transform from resource consumable to environmentfriendly.Under the "carbon peak and carbon neutralization" goal,green industry development has become a new economic growth point,sustainable development projects have a large funding gap,industrial green transformation needs financial support,green credit has become an important financial tool of national sustainable development strategy.In recent years,Chinese lenders actively respond to the call of green finance policy,limit the "high pollution and energy consumption" business loans,green credit has been rapidly developed.Since green credit itself has the characteristics of both economic development and green environmental protection,the establishment of civil liability for green credit can safeguard social and environmental interests,and promote financial institutions to improve the environmental management system and enhance their own enterprise value.Establishing civil liability for green credit in our country is the realistic demand of economic and industrial development in the present era,and it is also an inevitable choice to perfect the legal system of green credit.Through the combination of normative analysis and case analysis,the current situation of China’s green credit civil liability system is analyzed.At present,China lacks clear legal norms of green credit civil liability,and it is still faced with many difficulties to establish China’s green credit civil liability in legal form.Firstly,the theory of civil liability attribution of green credit discussed by the academic circle has weak explanatory power and insufficient coverage of liability regulation;There is conflict in the application of the principle of civil liability imputation for green credit in China.The cause of exemption is general and vague;There are also differences in the way of responsibility;Second,the relevant supporting system to ensure the effective implementation of green credit civil liability is still imperfect,financial institutions have not established a green credit risk assessment system,environmental information disclosure standards and contents have not been unified provisions,and environmental responsibility risk sharing system is missing.Through comparative analysis of the advanced experience of legislation and practice of green credit civil liability in the United States,Britain and Japan,it is suggested that China’s green credit civil liability system should be improved from the following aspects: First,adopt integrated legislation path to regulate China’s green credit civil liability and promote the legalization of green credit policy;The second is to establish the indirect tort theory as the imputation basis of China’s green credit civil liability by legislation,establish the imputation principle of distinguishing behavior and identity,clarify the exemption of liability under specific application scenarios,and take not true joint and several liability as the liability bearing mode;The third is to improve China’s green credit civil liability supporting system,mainly including the construction of a comprehensive credit risk assessment system,unified information disclosure standards and content,the establishment of mandatory environmental liability insurance system.