Research On Emission Right

As a necessary condition for human existence and purification sites for waste emissions as well as places of natural environment, With downward trend of industrial development, so we are forced to reconsider to understand and evaluate the relationship between economic development and environmental protection. Sustainable economic development not at the cost of sacrificing the environment has become mankind's pursuit of a goalTo achieve this goal, it needs a multi-level system security, and needs the rule of law to safeguard, and further we need new thinking and perspectives to look at the legitimacy of legal system and reasonable right of new right.General sense of the emission rights means that contingent rights used environmental resources that all of the necessary life-sustaining normal capacity need. It is a kind interests recognized and protected. Recognition and protection of this interest is the recognition and protection of fundamental human existence, and is recognition and protection of the basic human rights of production and life. On the legal significance of the sewage, that in line with legal provisions and conditions, according to their access to the sewage permit, the person has the right of environmental waste emissions rights, and the right is to possess, use and income environmental capacity resources. I think that such definition of sewage right is in line with the basic legal requirements, but also is to protect the realization of the right. At the same time, the determination of the right is to develop new ideas using market mechanisms to solve the increasingly serious problem of pollution, and to harmonize the relations of environmental protection and economic development, and to promote harmony between man and nature.Sewage is not only a right to their economic value, but also their ecological value. When the sewage achieve its objective of the value of human existence through the use of or the right to transfer, In fact, that is a property, and the person can realize the interests of economic value based on possession or control. As far as the sewage is concerned, the ecological value can be based on environmental Capacity use rights based on the integrity of natural resources. The environmental capacity use rights is prerequisite for their production and living conditions. From the point of view of most people, it is also a kind of public goods, and this public goods are limited.Destruction of a person or organization will affect all groups. In this sense, the sewage is the complex of the economic value and ecological value.Human production activities will sewage, and more sewage capacity will cause environmental pollution, and generate external or not economy of economic activities, that is, economic activities on others, on the environment and the impact of these effects will not be included in the cost of trading and market prices. External is underlying reasons that the economic mainstay overlooks environmental Protection, that is, it is reluctant to invest in environmental protection. According to Coase Theorem, the external issues can be resolved through the redistribution of property rights. Therefore, gradually human needs the concept of sewage to change the idea of environmental protection, the problems of environmental pollution caused by the external economic activities could be solved through emissions trading market mechanisms. This is also the necessity of the right to sewage and the rationality of the existence, because the right to confirm the sewage emissions is the premise of establishing the trading system. And analysis of the legitimacy based on the right to existence of the sewage is on the basis of the right to confirm the sewage. Emission rights as the creation of a new right is accompanied by social change, the human rights movement and the environmental protection. The recognized Sewage make human be established more scientific values. Because for quite a long period of time, development level of science and technology and social is impossible not to support the production and sewage services. We must face and tackle series of contradictions come from environmental pollution and rapid socio-economic development. Recognize the right of sewage is the premise and foundation of emissions trading system, and to recognize the rights have more practical significance to developing countries.Sewage is also based on the efficiency, it will reduce pollution control costs society to coordinate environmental protection and economic development, it is not to sacrifice the environment for economic development, but to use the ecosystem itself to have a certain self-digestion, and maintain self-sustained system, and make the environment be in rational utilization.The sewage within the limits of the capacity of the environment does not necessarily lead to the occurrence of pollution, that is the least of the existence of reasonable limits. Pigou's external theory, Harding's tragedy of the public to" theory, and Coase Theorem provide a theoretical basis for the proposal and design of emission rights from several perspective, but also provide a new way of thinking for the conflict of between the economic unlimited development of mankind and the limited nature of the environmental resource. Emission rights is in essence the right to use the environmental capacity. Environmental capacity refers to the environment itself with the capacity of pollutants and self-purification capacity. The using right of environmental capacity refers to possess, use, and the right of return. The right is an abstract rights, the possession of environmental resources capacity is intangible. This act can be seen as a form of expression of possession on the environment capacity. In other words, the sewage right is an expression of way of possession of the environmental capacity. Paid after the transfer of emission rights, the rights of the betrayer of the economic interests are increasing, thereby achieving environmental gains.In the academic discussion, the majority of scholars believe that the emission rights is a new type of property usufruct, firstly it is because that it has a property, environmental capacity is scarce resources, the allocation of emission rights is distribution of the output of the environment capacity, holders of sewage means that the number of resources, and the right have their own value. Secondly, because that it has certainty. Although from the physical attributes speaking, the environmental capacity of itself is very difficult to separate and identify ownership, but the size of certain environmental capacity, the amount of emissions can be specific. Thirdly, because it has certain exclusive. After the allocation of emission rights, its holder has exclusive ownership, to the extent he can possess, use, income, and dispose. Therefore, sewage right has the beneficial characteristics, based on possession, the main body can have more material wealth, this can be realized the value of the sewage right. the right person to possess and use the right, and can also paid transfer, it is more oriented towards the effective use of the property.The right to transfer sewage achieve through emissions trading. And emissions trading can be generated on the premise that the value of multi-environment conflicts and environmental resources and the scarce resources of the environment functional capacity; the purpose of the implementation of emissions trading is to increase the efficiency of the cost of pollution control, and to speed up the pace of standards. Emissions trading is to encourage enterprises to control pollution through technological progress and careful planning to maximize conservation and pollution prevention and control costs and reduce total emissions, and it is emerging markets means that the pursuit of the lowest cost of the use is emission targets. The saving the pollution emission targets will be a "price of resources" and "intangible property" used in the transaction, and it can be both in the business and commercial transactions between enterprises, but also it can "Save" up to prepare their own expansion and required development. For those enterprises be unable to use or ignore means of reducing sewage discharge, resulting in a lack of emission targets, we will have to buy indicators from other enterprises or the market in accordance with market prices.In a socialist market economy, emissions trading is a use of economic levers in mobilizing the enthusiasm of sewage enterprises to achieve reduction in the total pollutant approach. At present, China has implementation of the water environment and resources, and the atmospheric environment and the resources of public supply system, sewage no right to enter the market, and the transfer of emission rights market have not yet formed. To make emissions trading market be developed, the government must have reasonable arrangements for the management of limits and scope of the sewage. we do not set up free emission rights action (to reduce emissions credit), sewage enterprises have no incentive and restraint mechanisms of reasonable choice pollution treatment.Kyoto Protocol marks the entry into force of emissions economic times, and it has created a new product for the world: greenhouse gas emissions, and was quickly commercialized. Protocol No. 12 established by the Clean Development Mechanism (CDM) has this substance. It allow its annex - country Parties and non-Annex - State Parties to cooperate in the implementation of greenhouse emission reduction projects in developing countries, thus to achieve the following dual purpose: to promote sustainable development in developing countries, and to assist developed country Parties Under the Protocol in achieving such the greenhouse gas emission reduction targets. Through participation in the CDM project, the developed countries can gain the certified emission reductions (CERs), and the developed countries can performance obligations to cut greenhouse gas emissions under Protocol. The costs of CERs are far less than the cost of their domestic emission reduction, the developed countries can greatly reduce the economic costs that they have their emission reduction obligations under the Protocol. Developing countries would be offered additional funds and / or advanced environment-friendly technologies, thereby to promote their sustainable development. Therefore, the CDM is a "win-win" mechanism. China should take this as an opportunity to further improve our trading legal system and to Construct the legal system of the sewage with Chinese characteristics. To choose the scientific point of integration between the development and the environment, we can solve the contradictions of between the infinite of the product development and the limited nature of environmental resources ,and speed up Chinese pace of construction of a resource-saving and environment-friendly society , and achieve harmonious development between man and nature.