Research On The Countermeasures To Solve The Conflict Of Emission Rights

According to the law of nature,human beings actually enjoy the natural right of pollution discharge.With the advance of the times,the right of pollution discharge has realized the gradual transition from natural right to legal right.The mechanism of emission right is a kind of optimal allocation of environmental resources.The main body of emission right discharges pollutants to the environment under the permission of the Administrative Department of Environmental Protection.Its aim is to save the cost of social pollution control,coordinate environmental protection and economic development,and negate the economic development model at the cost of the environment.According to the purification ability of the eco-environment system,the environmental capacity as the object of emission right should be reasonably utilized under the premise of environmental protection.The emission right is regulated by the government and regulated by the market trade,which can realize the circulation of the emission right at the social level in two ways: initial acquisition and emission right trade.The rapid development of modern industry brings great consumption to the natural environment resources,and it is a severe challenge to the environment recovery ability.Although the emission right is a legitimate right,but because of its use of environmental capacity,in the economic value and environmental value of the natural opposition,and because the emission right is only owned by some people,in the use process,easy to non-polluters of the personal and property interests caused a certain loss.This article is divided into four parts to be discussed and analyzed.The first part analyzes the right structure of emission right,and defines the connotation,subject and object of emission right based on relevant legislation,academic theory and practical experience.The pollutant discharge unit shall obtain the environmental capacity with the permission of the Environmental Protection Department and have the right to discharge pollutants within the quota.The second part analyzes the problem according to the inherent value of emission right and the performance of the right acquisition and exercise.The third part is directed by the process of the exercise of rights,focusing on the analysis of the causes of conflict.Finally,in the fourth part,combining the priority of the value of rights with the specific interests of individual cases to achieve the balance of rights,corresponding to the performance of the conflict of rights to propose a solution to the conflict,system and initiatives parallel,to realize the dual effects of environmental protection and economic development,thus contributing to sustainable development and the realization of ecological civilization.