Study On Legislation Issues About Right Of Waste Discharge

Right of waste discharge is one of the most prevalent environmental, social and economic problems in the current world that has aroused close concerns from governments of many countries. Chinese government has already attached importance to tradable emission scheme. Substantial efforts have been devoted to legislation, management and control. Considerable achievements and experience were obtained in practising the tradable emission scheme. However, relevant legislation is short. For this reason, this paper discusses the necessity and possibility of the right of waste discharge in the world. By using normative analysis, positive analysis, environmental economic analysis and so on, the author attempts to make a preliminary study on the principles of the discharge. Furthermore, the author puts forward some countermeasures and proposals for not only improving the present legislation but also guaranteeing to practise smoothly.The main body of the thesis is divided into four parts:Part one discusses the definition, speciality and meaning of right of waste and right of waste discharge. Right of waste should be understood as that polluters should emit legally in the governmental allocating arrange and without damaging the benefits of others. The actual aim of the discharge is that only by meeting the needs of the local environment, could the trade carry on. It's of efficiency, low cost, helpful to reach the standard and promoting economic development, convenient to total amount control.Part two analyzes the value, effect and necessity of the right of waste discharge. First, the most obvious value of it isjustice and effectiveness. The reason is that it can not only allocate the economic and environmental benefit fairly, but also accelerate the inter-generational justice. The corpus will get more freedom. Second, this paper analyzes the effects and necessity in our country.Part three investigates the possibility of right of waste discharge. First of all, it expresses evaluation of the trade's economic effect, environmental effect and social effect. Secondly, by using the normative analysis, positive analysis, it proves the possibilities and conditions of the trade in china.Part four is about the legislative construction of the right of waste discharge. After reviewing the law and policy history of it, the paper tries to profoundly investigates some urgent legal problems in order to accelerate the discharge smoothly, for example, the basic principles and institution, the corpus, duty, procedure and so on. Furthermore, it works out three possible legislation modes and raises some special legislative suggestions.