贷款人环境民事责任建构研究

The Construction of Environmental Civil Liability of Lender in China

指出了贷款人在信贷领域的法律责任来源于赤道原则,蕴含了环境法要求法律主体从"经济人"向"生态人"转变的立法理念。目前贷款人信贷环保责任多体现为一种企业社会责任,以贷款人的自愿履行为基础,有必要将此种责任上升至法律责任层面。贷款人环境民事责任不仅局限在作为污染行为人的责任,还可能是污染源的占有人或管理人这一污染关系人身份,但是要将"贷款人"这一十分特定化的主体概念写入民事或环境基本法显然并不合理,因此,贷款人环境民事责任建构的基本思路是,一方面,在现有的法律规范和理论之下把商业银行作为普通的污染行为人,另一方面,借鉴域外有关贷款人责任中的占有人责任,将贷款人作为污染源管理者或占有者的身份通过污染关系人引入环境民事责任主体范围内。

The legal liability of lender in credit and loan industry derives from the equator principle and it im- plicates the legislative concept which means that environment law requests legal subject to transfer from ＂e- conomic man＂ to ＂ecological man＂. At present, the credit environmental liability of lender is mainly shown as a kind of enterprise social responsibility, which is based on lenders＂ voluntary. Then, it is necessary to up- grade the responsibility to the aspect of legal liability. Environmental civil liability of lender is not only re- stricted to the liability of polluter but also related to the person who possesses the pollutant source or the person whose identity is the administrator. However,the ＂lender＂ , which is a specialized subject concept, is not appropriate to be singed into the civil law or the environmental basic law. Therefore, the basic ideas of constructing the environmental civil liability of lender are as follow.on the one hand, the commercial bank is considered as ordinary polluter; on the other hand,the possessor＇s liability in lender＇s liability abroad should be borrowed. As the administrator or possessor of the pollutant source, the lender should be introduced into subject range of environmental civil liability through the polluter identity.