Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

2017 International Conference on New Energy and Future Energy System

Fa, L.N.^1

Shanghai University of Political Science and Law (SHUPL), Post-doctor in Law, Fudan University, Shanghai, China^1

关键词: Environment pollution;    Environmental law;    Environmental liabilities;    Environmental responsibility;    Environmental rights;    Legal liability;    Legal system;    Local government;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/93/1/012029/pdf
DOI  :  10.1088/1755-1315/93/1/012029

来源: IOP

【 摘 要 】

Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government's alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system's sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.