Research On Legal Issues In Emission Mortgage

Emissions trading phenomenon results from the inevitable contradiction between environmental protection and economic development.To resolve this contradiction,the nations of the world have carried out a new model for the development of mortgage loan as guarantee property.From Chinese emission mortgage practice,pollution rights mortgage not only plays a fundamental role in mobilizing resources,promoting the new development of free market competition and government guidance,promoting the further implement of environmental protection concept.As a new mode of green credit,the right to pollute is not only involved in a wide range of disciplines,but also there are many problems in the case of regional economic and ecological disparities.To solve the above problems,I will focus on the legal properties of pollution rights,and try to characterize it as a quasi property right,in order to perfect our current legal system.The innovation of this article lies in the definition of emission properties,because the right to pollute is a property right,so the right to pollute is realistic and legal.In the case of the mortgage practices,concrete solutions were put forward,It emphasizes that the right to pollute on the legislative level can be incorporated into the range of mortgaged property,and then in the guaranty and property law,the right to pollute should be absorbed and recognized,So,the right to pollute and the trading of emissions rights will be protected by law.