Prevention Of Legal Risk Of Emission Secured Financing On Research

With the development of the emission trading system in our country, China has emerged a new credit financing mode. This is the emission secured financing. Compared with the traditional pattern of financial loans, emission in both borrowers and lenders.collateral and loan program has its own peculiarity. At the same time, the emission secured financing as a kind of green credit measures, in the prevention and controlling of environmental pollution, promoting the enterprise financing has enormous role. From an economic point of view, emission secured financing broaden the financing channels for enterprises, and promote environmental protection investment funds. From a social point of view, emission secured financing encourage enterprises to update technology and equipment, energy conservation and emissions reduction. In the end, it is also on the improvement of the human survival environment. From the point of political factors, the emergence of emission secured financing, it represents that China must comply with international environmental treaties.However, we still need to see that domestic support for emission secured financing is not enough in the law. Therefore, in the process of emission secured financing, it tends to produce many legal risks. This article is analyzing the legal risks of the process of loan guarantees, and putting forward solutions. Meanwhile, this article analyzes the concept of pollution rights guaranteed loans, and summarizes the characteristics of emission secured financing, treating emission trading system as the basis of pollution rights guaranteed loans. At the same time, for necessity and feasibility, and legitimacy of emission secured financing, this article also has carried on the certain degree of analysis. Thus it is concluded that in our country, the development of emission secured financing is necessary and feasible. In the context of the current law, it is lawful. The focus of this article is analyzing the legal risk of emission secured financing, and found that the risk of emission secured financing mainly focused on during the period of guarantee establishment, guarantee and the process of implementation. Legal attribute of emission right is not clear. Emission guarantee period is whether to continue to use. Emission is limited circulation. They are performance in terms of the legal risks of emission secured financing. In view of the above risks, this paper puts forward the corresponding prevention countermeasures.