Legal Analysis Of Emission Rights And The Perfection Of The Problem Of Pollution Permits

With the aggravation of environment, people pay more attention to it. And more and more scholars begin to study the enactment of emission right system. Emission right is also called the right of discharge of pollutants, which means to permit discharging pollutants. It is the legal right of discharging pollutants to the environment on the base of what is not harm to other public environment rights and what is on the scope of distribution of the environmental protection administration. In 1968, American economist Dales first put out the concept of emission right, which means the government, the social representment and the owner of environment resource, sales the right to the highest bidder as saling shares. The polluters can buy this right from the government or other polluters who have the right. They each other can sale or make over pollution. The pollution discharge permission system of the emission right is effective to harmonize the power and benefits of environmental protection administration, polluters and the public environment. The practice also shows this system is the correct means to realize three changes of our strategic environmental management, and is the effective way of gradually promoting our environmental management cientization legislation and standardization. However, our pollution discharge permission system is imperfect on theory and practice. In my opinion, the thought and ways of our traditional environmental administration is the deeply reason which limits its development. Therefore, the nomological analyze of pollution discharge permission system is benefit to bring up the advanced thought of environmental administration and environment law, and is good for promoting its optimum design and specific implementation.The feature and the serious tendency of environmental problems calls for strengthening state environmental administration rights, implementing the control index and the discharge standard of the total discharge of the pollutants, and forcing people to control and reduce the pollution emission. For this purpose, we gradually carry out combining the consistency control and total control of pollution emission, forbidding to discharge pollutants that exceed the stipulated standards, and strengthening the superior of pollutant emission in the center of permit ion of the pollutant emission. Under elaborating the legalities of pollutant emission right, the papers to point out that the center of the right is environmental use right. I also put forward the feasibility and necessity of administrative license and give the feasible suggestion. The difficulty of this paper is to find the similar views among that of other scholars in order to suppose mine.