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商业银行在明知或应知情形下为客户从事环境污染项目提供信贷支持,或者由其控制的抵押物造成环境污染时,依法应当承担的环境侵权责任,即商业银行在环境侵权中的贷款人责任。这种责任机制以企业筹融资行为为传导机制,通过商业银行改变企业生产经营活动中的环境成本和环保意识,能够有效促进环保目标的实现。在其他环保政策工具低效的情形下,我国有必要考虑引入环境侵权中贷款人责任制度。
When a commercial bank knows or should knowingly provide credit support for customers engaged in environmental pollution projects or if the collateral under its control causes environmental pollution, the responsibility of environmental tort that should be borne by the commercial banks in accordance with the law, that is, the lender’s responsibility of commercial banks in environmental infringement . This responsibility mechanism takes the financing of enterprises as the transmission mechanism and changes the environmental costs and environmental awareness in the production and business activities of commercial banks through commercial banks, which can effectively promote the realization of environmental protection goals. Under the circumstance that other environmental protection policy tools are inefficient, it is necessary for our country to consider the introduction of the responsibility system of lenders in environmental infringement.