環境民事訴訟制度交易對企業權利自由的影響研究

Abstract

In today's society, transactions are ubiquitous, especially for enterprises. The existence process of enterprises is the process of superposition of different transactions. In other words, transaction holds key to the existence of enterprises. Through the lens of transaction history, we can gain a better understanding about how different transactions have developed. Through the transaction theory history, it is found that the transaction of modern enterprise realizes the right freedom through the institutional transaction. As enterprises gain greater right freedom, their presence grows and develops. Therefore, the growth of enterprises cannot be separated from greater right freedom and mutual promotion. So what is the institutional transaction of enterprises and how does it affect the right freedom of enterprises.

This paper studied the influence of institutional transactions on the right freedom of enterprises. To be specific, through the development of transaction theory and experience, it can be concluded that the right freedom of modern enterprises is realized by institutional transactions of enterprises. The first stage of a transaction is the initial exchange of goods, the purpose of which is mainly to make up for each other's lack of the use value of the goods; the second stage of the transaction is mainly the exchange of goods, in which the value of the goods is exchanged, supplemented by the use value of the goods; the third stage of the transaction is the contract transaction, in which the value and use value of rights are exchanged. In this stage, rights become the core of the transaction; the fourth stage of transaction is the institutional transaction, which is the exchange of rights and freedoms and the core of institutional transaction; the last stage of transaction is the transaction of right freedom, in other words, enterprises realize their existence through right freedom transaction.

Through literature review, the author found and deduced that the transaction of modern enterprises is mainly the transaction of right freedom of enterprises, which is no longer the benefit maximization or profit maximization in the traditional sense. At the same time, this paper redefined the concept of transaction, which is the process of realizing possibility in impossibility. That is, the process of realizing the possession degree of a certain right freedom value in time and space, and implementing or adopting the behavioral consciousness of restricting, controlling, eliminating the impossibility, filling the deficiency, increasing and increasing the possibility. Through the analysis of environmental litigation cases of the enterprises, this paper found that institutional transactions to be realized are completed under the premise of solving the security, certainty, stability and completeness of institutional transactions.

In addition, the function formula of the transaction was also found in this paper, that is, the assumed institutional transaction can only be realized on the premise when A is greater than 0, while the transaction cannot be realized when A is equal or less than 0.

This paper mainly studied the influence of institutional transactions on the right freedom, concluding that the institutional transactions determine the existence of enterprises, that is, there is no existence and development of enterprises without institutional transactions.

Through the data analysis of 3322 real cases related to environmental litigation in China in recent five years, this paper studied the degree of influence of institutional transactions on right freedom of enterprises.

This paper analyzed institutional transactions from the data of environmental litigation, and studied the degree of various institutional transactions. It was found that the degree of institutional transactions and the volume of transaction were very low. In other words, it is not enough to analyze the degree of institutional transactions from the perspective of environmental litigation, which will greatly affect the right freedom and existence and development of enterprises.

Through this study, it was found that institutional transactions directly affect the right freedom of enterprises. Only when institutional transactions enjoy more and greater right freedom, enterprises will realize a higher degree of existence. That is, institutional transactions determine the right freedom of enterprises, and the right freedom of enterprises determine the existence of enterprises.

Date of Award	28 Apr 2021
Original language	Chinese (Traditional)
Awarding Institution	City University of Hong Kong
Supervisor	Yue MA (Supervisor) & Mingjie Rui (External Supervisor)