An Analysis Of The Legal Problems Of The Emission Right Mortgage Loan

As an important part of green credit system in C hina,emission right mortgage loan is the development and extension of emission right trading in C hina.The implementation of pollutant discharge right mortgage loan carries out the new development concept of "innovation,coordination,green,openness and sharing",alleviates the contradiction between economic development and environmental protection,and stands out among many ways to solve environmental problems.By summarizing the theoretical research of domestic and foreign scholars on the concept of emission right,this paper will define the emission right based on my own understanding,analyze the concept of emission right mortgage loan,and expound the expression form of the transaction mode of emission right mortgage loan in practice and the related legal relations involved in the transaction.In addition,it will also analyze the significance of implementing emission right mortgage loan in China.Emission right mortgage loan is extended on the basis of emission right trading in foreign countries.This paper will expatiate on the practice of emission right mortgage trading at home and abroad,and make a comparative analysis of the current situation of practice at home and abroad.Due to the lack of corresponding legal regulations and unified practical experience,there are still many problems in the application of emission right mortgage loans,which have aroused many domestic scholars’ research and discussion.This paper will deeply discuss the problems existing in the application of emission right mortgage loan and put forward some suggestions on the construction of emission right mortgage loan system.First of all,the environmental capacity resources have not been included in the scope of legal adjustment,leading to the controversy of the property right of emission right,which hinders the successful implementation of the emission right mortgage loan.Secondly,the paid acquisition system of the initial allocation of emission right has not been clearly stipulated by law,which has a certain impact on the implementation of the paid acquisition system of the emission right.In the end,this paper also analyzes the registration rules of the emission right mortgage and the problems existing in the realization of the emission right mortgage.At the end of the paper,First of all,the environmental capacity resources should be included in the adjustment scope of the existing laws,and the environmental capacity resources should be clearly defined as a kind of natural resources,so as to determine the property right attribute of the emission right.Secondly,the system of paid acquisition of initial allocation of pollutant discharge right should be clearly stipulated in the law;so that the system of paid acquisition of initial allocation of pollutant discharge right can be guaranteed by law.Finally,it is necessary to formulate the regis tration rules to adapt to the mortgage of emission right,and clarify the effective requirements of the mortgage of emission right.In addition,in order to ensure the realization of the mortgage of emission right effectively,a more complete evaluation system of emission right should be established and an insurance system should be introduced.