企业破产后的土壤污染防治责任

The Remediation and Prevention Liability of the Soil Contamination after the Bankruptcy of Enterprises

企业破产后依照传统公司法理论,企业在法律意义上的独立人格主体已经不存在。这种情况使得国家、社会和他人不得不为破产企业的环境侵权行为埋单。我国至今还没有健全的法律制度对此进行有效调整和规制,企业破产后的土壤污染防治责任已经成为社会实践对破产法和环境法的新要求。

According to the traditional theory of corporation law, the independent personality of the enterprise does not exist in legal meaning when ot os bankrupted. In this ease, the costs of the environmetal violations of the bankrupt enterprises had to be paid by the country, society and people. Soil resources become free in the enterprise business costs. China has so far failed to improve the legal system for the effective regulation of such conduct. The remediation and prevention liability of the soil contamination after the bankruptcy of enterprises has already become a requirement of the bankruptcy law and environmental law from the social practice.