Research On Legislative Principles Of Pollution Rights Trading System

In research of the legislative principle of the pollution rights trading system, this paper was written to discuss about establishing the pollution rights trading system and the local pollution rights trading regulations or rules.Above all, the author analyzed the origin of the pollution trading system, located the properties and ascription of pollution rights, made analytic comparison of different explanations from some environmental law scholars in China, combined the opinions of foreign scholars, and reached a conclusion that the pollution right, as a new property right, is a branch of the right of development in human rights. Then he analyzed the feature of pollution right trading activities, summarized the realistic purpose of pollution right trading system in China, clarified the significance of legislative principle of the pollution rights trading system, and finally discuss about the legislative principle of pollution rights trading system considering all the subjects mentioned above.Based on some relevant legal theories, economic theories and environmental science theories, considering the realistic situation and economic characteristics of China, the author put forward three legislative principles of the pollution rights trading system as follows:total amount control principle, different treatment principle and the transaction legal principle.Total amount control principle means that the government should obey this principle to exercise the national environmental management right to limit the total amount of pollution discharged by enterprises.Different treatment principle means that government should distribute the amount into the enterprises after the amount of pollution has been limited by the total amount control principle.Transaction legal principle means that the pollution rights trading system should obey the principle of autonomy in market economy, in need of special laws to regulate the transaction rules.On analysis of the subjects mentioned above, the author hopes to provide some new ideas to improve the pollution rights trading system in China.