Research On The Legal System Of Emission Rights Mortgage Loan

The mortgage loan of pollutant discharge right is a green credit measure to solve the capital demand of pollutant discharge enterprises for improving environmental protection technology,relieve the financial pressure caused by improving environmental protection facilities and technology,mobilize the enthusiasm of enterprises for energy conservation and environmental protection,and promote the upgrading of industrial structure of enterprises.It is also an important measure to fully adapt to China's economic restructuring,vigorously develop the green economy,realize the common development of the environment and the economy,and accelerate the construction of ecological civilization.At the legislative level,there is no special legislation on pollutant discharge right in China.In practice,emission right mortgage has been launched in many places.In addition,China has promoted the establishment of green finance system in recent years.As an important part of the development of green finance,emission right mortgage will continue to increase in the future.However,the mortgage loan of pollutant discharge rights has been implemented in various places,but at the same time,it is faced with the dilemma that there is no legal system to support it.Since no special legislation has been enacted,the administrative measures on mortgage loan of emission right can only be formulated to standardize the practice of mortgage loan of emission right.And the lack of law has led to many loopholes in the local regulations.For example,China's laws lack provisions on the ownership of environmental capacity resources(pollution discharge right object),and the lack of provisions on the ownership of environmental capacity resources leads to the lack of the existence of the property system related to the transfer of pollution discharge right.In the property law and the security law,there is no regulation on the mortgage of pollutant discharge right,which leads to the unclear regulation on whether the registration requirements or registration antagonism should be adopted in the measures for the mortgage loan of pollutant discharge right.At the same time,the reason that the relevant contents of pollutant discharge right are not stipulated by law is that the theoretical research of pollutant discharge right is not mature,which also hinders the construction of legal system of pollutant discharge right mortgage.This paper starting from the theory,from the perspective of economics,analyses the theoretical basis for emission mortgages,and by using the theory of law permits mortgage object(emission),the concept of environmental capacity,emission basic problems,such as the mortgage for a reason is analyzed,to fill the blank of the emission related law to seek theoretical support.Second,the real right is the foundation of the realization of property circulation,pollution-discharge right mortgage is emission(environmental capacity resources use right)as the core of property circulation system,the environmental capacity of production and the transfer of resources should be based on the real right,real right law must first determine the environmental capacity resources,to introduce the emission smoothly after private law field,further provisions emission related questions of mortgage loans,for the construction of emission mortgage system to provide legal support.Finally,various systems in the sewage right mortgage loan management method are perfected,such as sewage right value evaluation system,registration system,right relief system,etc.,so as to provide reference Suggestions for the construction of sewage right mortgage loan legal system.