Research On Pollution Rights Trading System In Hunan Province

At present,China has entered a new period of ecological civilization construction,and environmental problems have been improved to a certain extent.However,in the process of ecological civilization construction and beautiful China Construction,the construction of environmental and resource rule of law is constantly promoted,especially the systems related to environmental and resource rule of law are constantly accelerating.In 2021,the new "14th five year plan" has new requirements for environmental protection.During the "14th five year plan" period,one of the main objectives is to emphasize the construction of ecological civilization and achieve new development and progress.In this process,it is necessary to continuously reduce the total emission of major pollutants in China and constantly strengthen institutionalization.Therefore,the importance of pollution rights trading system and its improvement in the new era is self-evident.The essence of pollution rights trading system is to use market-oriented means to improve the initiative and enthusiasm of enterprises in energy conservation and emission reduction,and energy conservation and emission reduction is one of the main methods to control the total amount of pollutants.Therefore,in order to control the total amount of pollutants,it is necessary to continuously promote the construction and improvement of pollution rights trading system.This thesis focuses on Hunan Province,a typical pilot area in Central China,and studies the problems existing in its pollution rights trading system,so as to provide local reference for the improvement of China’s pollution rights trading system.The pollution right studied in this thesis is a narrow pollution right,which refers to the right of enterprises and institutions that discharge pollutants to the environment within a certain category and quantity after obtaining the approval and permission of the government and paying the paid use fee according to the relevant emission standards and the total pollutant emission target of China.At present,there are still attribute disputes about pollution right,such as environmental obligation theory,usufructuary right theory,intangible property theory,etc.This thesis holds the quasi real right theory.pollution rights trading system refers to a pollution control model based on market-oriented means,with emission enterprises and institutions as the main body,and the construction of the relationship between the government and emission enterprises and institutions as the main way to fully stimulate the enthusiasm of the government,emission enterprises and institutions,the public and other parties to participate in energy conservation and emission reduction.The core of the legal system of emission trading in Hunan Province is the legal relationship of emission trading.Its main contents include transaction pricing system,mortgage system,supervision system and punishment system.The theoretical basis includes Coase Theorem The requirements of marketization of pollution rights trading and the concept of sustainable development.The pilot work of pollution rights trading system in Hunan Province has been carried out for more than ten years.It has been continuously improved through the exploration period,preliminary pilot period,pilot expansion period and new pilot period of pollution rights trading system.According to the historical evolution and implementation status of the pilot implementation of pollution rights trading system in Hunan Province,the pollution rights trading system in Hunan Province presents different characteristics from that in Zhejiang,Hubei and other places,but there are the following problems in its implementation: the transaction pricing system is not effectively coordinated with the government’s macro-control,resulting in the insufficient role of market regulation means;The legal norms of mortgage loan system are not perfect,the scope of lenders is limited,and there is a lack of incentive measures;Imperfect data supervision mechanism and lagging government information disclosure affect the conduct of transactions;The punishment mechanism is not complete and the internal control o f the government is not in place,which affects the payment of pollution right fees.In view of the above problems,combined with the requirements of the "14th five year plan" of Hunan Province,the pollution rights trading system of Hunan Province should be improved from the following aspects: Hunan Province should fully combine market regulation and government macro-control to improve the pricing mechanism of pollution rights trading in Hunan Province;Improve and standardize the mortgage loan system in Hunan Province,promote green credit and reduce risks through incentive measures;Standardized supervision system construction,systematic information disclosure and strengthening the construction of diversified supervision system;Starting from the two main bodies of the government and enterprises,improve the punishment mechanism and promote pollution rights trading.In short,through the above measures,we will continue to promote the improvement and construction of the pollution rights trading system in Hunan Province,so as to realize the construction of a beautiful Hunan.