论我国绿色信贷法律制度的构建

On the Construction of Green Loan Legal System in China

国家环保总局(现环境保护部)、央行、银监会联合推出的有关绿色信贷的意见及地方环保部门与金融监管机构出台的实施方案和具体细则比较粗疏,存在制度性和技术性障碍,无法有效发挥信贷手段引导促进环境保护行为、规制约束环境违规行为的作用。因此,迫切需要从法律层面系统研究与绿色信贷有关的制度,严格限制向高耗能、高污染的环保不达标企业提供融资。具体而言,应当完善商业银行的社会责任制度,建立贷款项目对环境和社会影响的分类标准,实行贷款项目的环境和社会影响评估,完善银行监管,逐步构建我国绿色信贷法律制度。

The State Environmental Protection Administration （now named the Ministry of Environmental Protection of the People＇ s Republic of China）, the People＇ s Bank of China and China Banking Regulatory Commission have proposed the Views of the Green Loan, and the local environmental protection departments and financial regulatory institutions have also developed detailed plans and rules concerned, which are too rough to promote environmental protection and help reduce environmental violations. There are institutional and technical barriers among them. Hence, it is of great urgency to limit the loan support to the high energy consumption and high pollution enterprises by establishing a green loan legal system. To be specific, it is urgent to improve the social responsibility system of commercial banks, establish the loan project classification standards and start assessment with respect to their impacts on the environment and society, improve banking supervision so as to construct a green loan legal system in China progressively.