公司环境侵权及其对策

以有限责任为代表的公司制度是现代企业组织形式中最具理性的制度设计之一.随着工业化进程和人类对环境资源的开发利用,环境问题日益加速显现,成为影响人类可持续发展的重要因素.同时,公司作为积极的行为主体,其环境侵权行为层出不穷.一方面,环境侵权的构成不以违法性为要件,违法性仅是侵权人承担刑事、行政责任的要件,适法行为如果对环境权益造成侵害,也要承担相应的民事责任;另一方面,环境侵权的侵害结果具有严重的危害性和累积性,有时公司的独立财产不足以补偿,有时很难区分具体的侵权行为人.为了维护社会整体经济利益,化解公司环境侵权矛盾,必须运用综合的法律手段,对现行的公司环境侵权救济制度进行修正,设立环境基金,并开征环境税.

Environmental Nuisance of a Company and the Corresponding Solutions

Company system with limited responsibility as the representative is one of the most rational forms of modern enterprise organization. With the processing of industrialization and the development and exploitation of environmental resources by human beings, environmental problems become increasingly important influencing the development of human beings in the long run. In the meantime, as the main part in operation, a company always has some environmental nuisance. On the one hand, the violation of the law is not necessary in environmental nuisance but is only necessary for the infringing part to bear criminal and administrative responsibility. If a company' s lawful action infringes upon environment, the company will have to bear civil responsibility. On the other hand, suppose the environmental nuisance of a company cause serious and cumulative bad effects, sometimes the estate of the company is not enough for compensation and sometimes it is difficult to define the concrete infringing part. In order to protect the economic interest of society, means of economic law must be applied comprehensively in solving the conflict in environmental nuisance of a company. The compensation system of environmental nuisance must be remedied, the environmental fund system should be established and environmental tax is necessary.