On the Regulation and Connection between the Civil Code and the Company Law (Revised Draft) —Taking the Maintenance Right as the Entry Point

Abstract

The purpose of the enterprise green responsibility system is for the sustainable development of human beings. The Civil Code and the Company Law (Revised Draft) both have relevant provisions on the enterprise green responsibility. At present, the theoretical basis for China’s enterprise green responsibility has been formed, but due to the lack of prior supervision, the current enterprise green responsibility governance disorder, and the electronic pollution intensifies. This paper takes the right of maintenance as the starting point, through the implementation and obstruction of the right of maintenance, combined with the background analysis of China, we find the reasons why the boundary between enterprise green responsibility and intellectual property protection is not clear, and the legal connection between enterprise green responsibility and product supply chain is not smooth. So from the entity specification and procedure regulation, the maintenance of intellectual property rights, company law should set up the basis of innovative oriented rules, build green credit as the core of the company law system design, should pay attention to special regulations in legal cohesion, clear “resource saving” covers content, set up the boundaries of enterprise green responsibility and intellectual property rights, intensify legal publicity, and improve the green responsibility consciousness of the whole society.