Jurisprudent Analysis Of Emission Rights

Environmental problem is one of the vital issues facing human society. With the rapid development of economy, China’s environmental problems also appear repeatedly. For example, haze raging, shortage of water resources, solid waste emissions, and the seriously degraded grassland and so on. Faced with these problems, we have to reflect on, how to make economic development and environmental protection “dovetail”, harmonious society and ultimately human and nature. In 1968, the economist of USA proposed emissions trading system, at the same time of emissions defined, the countries will sewage management mode of practice for the prevention and control of pollution right system, and to coordinate the relationship between economic development and environmental protection. The introduction and emissions as an “import” in China provide a theoretical perspective and research direction of new, now more than 20 provinces and cities pilot propulsion and accumulated a lot of useful exploration and practice experience. Therefore, emission rights as a right, in theory, can not only deepen the jurisprudence theory of rights needs, but in practice is also in order to meet the need of green, low carbon cycle, the economic and social development and natural development coordination. Nowadays, along with the exaltation of the human environmental protection consciousness, from emission is proposed to practice makes human beings in the treasure of environmental resources at the same time, how to efficiently more in the utilization of environmental resources, which is not only to promote the development of the economy, more make the human society to subdue and tolerance in the face of nature, to truly understand human harmony man and nature is the real human well-being. The establishment of the emission system is to protect the environment as a fundamental, "people-oriented" as the principle, with the sustainable development concept and building a harmonious society to achieve ultimate harmony between human and nature as the ultimate goal.This paper is divided into four parts:The first part mainly analyzed the emission of different science in the field of vision, the basis of the existing research on the concept of emission rights from the perspective of jurisprudence definition. Because our law doesn’t make specific provisions on emissions, therefore, in the field of law, the right definition comes mainly from the field of civil law and environmental law. On this basis, emission right as a right, it should be a process of growing up, and this process is the author of its definition. The emission right as a right, three forms of different levels from the perspective of its self exist will discharge right is divided into “nature” emission right, “law” emission right, emission right legal reality.The second part mainly carries on the analysis of basic theory as a right of emissions, the structure of emission rights and based on detailed analysis, in order to achieve the mission rights in practice really play out what we expected effect. Emission right as a right, from the analysis of law and the perspective of interest, its essence lies in the complex game process between the world, country, society, enterprise, individual and so on the different interests of the main issues around the sewage. Therefore, firstly the structure of the rights of the general theoretical analysis, consider the right shall be subject, interest, behavior and the legitimacy of the four elements, and then based on the theory of emissions right subject, interest, behavior and its rationality and validity are described. The content of this part is the premise of the full text of the thesis, but also for the text after in improving emission system laid the foundation.The third part is the theory as the foundation, elaborated the development of the emission system and emission rights in our country’s theory and system, and based on the comparative analysis of the study. In this part, through the countries on emission system described above is not only the development of the theoretical basis of the affirmative, is given to enlightenment and new research direction for the establishment and perfection of China’s emission system. Therefore, through the comparative analysis of various countries and China’s emission system, for our country in the face of such a complex and bad environment pollution situation, the theory and practice of research experience of various countries in the application of emissions trading system on the establishment and perfection of China’s emission system is a very important significance.The fourth part is mainly through the comparative analysis of China and other countries of the prominent problems, theoretical foundation and combining the above analysis of emission rights as a right, to construct and perfect the legal system of emission rights in China’s. In this part, firstly is the rational transformation of the legal system and pollution discharge right above analysis, from the concept of system recognize the value idea transformation to change the development concept interprets the evolution, emission system concept is the concept of harmony between people, to further inspiration behind the system man and society and man and nature. The second is the mode structure on the legal system of emission rights, the author on the basis of the above, summed up the essence of the legal system of pollution discharge right mode is to the as the frame work for analysis and research centre, a comprehensive and systematic analysis on the right mode. Finally, the suggestions are on how to improve the emission right is the legal system from the government, enterprises and the public point of view.