On the Legal Nature and Initial Allocation of Emission Right
|Course||Constitutional and Administrative Law|
|Keywords||Emission right Chartered Property Discharge permit Total quantity control Initial allocation|
As a new pollution control measure,Emission right system has been widely used in many countries in recent years, and in the late eighties of the 20th century, it was introduced into China. However, there is not any special legislation on the legal nature of emission rights or the patterns of the initial allocation. Theories of the system for emission rights, especially those in the view of administrative law are not enough.In China, Concentration of pollution control strategy was implemented, and emission right was granted to applicants free of charge by environmental administrative authorities for a long time. This approach ignored the economic value of environmental capacity, so Charging system had to be taken as a remedy. Then it did nothing to decrease the emissions of pollutants, but resulted in the inefficient use of environmental resources and rent-seeking on the contrary. In recent years, the initial allocation of emission permits for paid has been carried out in some regions. However, which distribution model should be adopted is still a point of contention. In fact, now there are still some obstacles to build a scientific and rational distribution system of initial emission permits in China.After reading a lot of literature and on the basic of foreign experiences and that of China, I will define the legal nature of emission right as Chartered Property from the perspective of administrative law. At the same time, on the summarizing of strong point of Tai Lake basin, I will introduce the market mechanism to the initial configuration process to establish the distribution system as follows: On the basis of total quantity policy, Pollutant discharge permit will be issued mainly at auction and in the way of free allocation or be priced to sell as supplements. To ensure the fairness and reasonableness of the initial distribution, some suggestions are made on the improvement of legislation, the setting up of regional environmental authorities and strengthening supervision in this paper.