跨国公司在华投资环境法律责任问题分析-analysis on legal liability of transnational corporations investment environment in china.docx

AbstractThis paper mainly studies the legal responsibilities and systems releated to the environment pollution caused by muti-national corporation investment.From analyzing the current pollution satus and harm by mutimational corporation investiment, this paper expatiates from many aspects the basic theory and necessity of the environment legal responsibilities which should be taken by multinational corporation in China.The main body of this paper includes the responsiblity principle andonus probandi problem of environment legal liability to muti-national corporations’ investment in China, which is also the problem that the envirment legal liabity system needs to solve first. This paper analyzes from aspects of multinational corporations’ environment civil legal liability, environment administrative legal liability and envirment criminal legal liability, then recapitulates and concludes as following: The envionment civil legal liability is the diversified responsibity principle that covers that the mistake responsibility is the core and the risk responsibility is the supplement;the environment administrative legal libility shoud be the diversified responsibity that apply different responsibility principal on different administrative artifical person; and the evionment crimal legal liability should hold mistake legal lialibity principle.Moreover, this paper also discusses the respondibility taken mode of the environment legal liability for those multinational corporation investing in China. This part disucsses the concretely application problem to cross-national environmental litigation , brings forward that the parent company should take the responsibity for its subsidiary company who is accused, and holds the litigation place should be in the host contry of the multinational corporation. Thereby it provides with some ways for the law suits in pactice which involves in tracking environment legal liability of the multinational corporations investing in China.Finally,