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Its legal nature of emission rights

Author: GuoZuoZuo
Tutor: WangRong
School: China University of Political Science
Course: Environment and Resources Protection Law
Keywords: Emission rights Property socialization The right to use natural resources The right to use the environment
CLC: D99
Type: Master's thesis
Year: 2010
Downloads: 320
Quote: 1
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Abstract

Emission Trading System is exotic, the country has undertaken a number of pilot work, respectively, from their academic economics, environmental science, law and other angles were studied, but the basis for emissions trading - Study of emission rights is very weak. Chinese law does not clearly define the sewage authority, but through the \justified its existence and rationality. Emission rights is granted by a government or a particular organ, the load on the permit on the limited environmental capacity of the natural resources use, benefits and limited rights of action. Emissions trading emission rights is the content of the sewage discharge permit is the right carrier, the sewage discharge permit the recognition of the right to be content. Since our law without clearly defined for emission rights, and therefore the legal nature of emission rights discussion mainly from academia, the legal nature of emission rights existing on the research results much, mainly divided into two sights: the field of civil law and field of environmental law. Explore the field of civil law has the following three theories: Property that said prospective property and intangible property said. Property say advocates of traditional property rights theory requires a body of material must have specific and can be dominant, sewage right to object does not have the environmental capacity of these three characteristics, but should be corrected property theory and expansion, property should be social oriented and inclusive environment property concept. Not a single quasi-property rights, but rather a collection of concepts, specifically including mining, water rights, fishing rights, hunting rights and some special real big difference. Quasi-property rights, said that the sewage does not meet the characteristics of property can not be included in the property, because of its state power generation needs to be licensed, but also has the property, and therefore emission rights are quasi-property rights. Intangible property says that emission rights are property rights in the United States, civil law and common law based on the structure of property rights are very different, with ownership of property law, civil law as the center, the use of light weight vest is divided into property , claims, and intellectual property rights; common law property law no clear distinction between categories, making property law has great flexibility. The ship emission rights from the common law concept of property rights, not belonging to the civil law system of property law to find a suitable location, coupled with the environmental capacity are intangibles, so emission rights belong to intangible property. In the field of environmental law, most scholars believe that environmental rights vested sewage child rights, environmental rights, including the right to use the environment positively. I believe that the socialization of private law, property socialization perspective there are still some uncertainties, I doubt the real right socialization is a \\Align Right said, I believe that the concept of quasi-property rights inherent ambiguity rights rules argumentation is not rich, have been reduced to a \Due to the generation of emission rights to be licensed through the state of public authority, which identified emission rights prevail property logically fetched. On intangible property that I believe that through the analysis found that the United States \Thus intangible property, said theoretical premise does not hold, the natural conclusion is open to question. The right to say to the environment, I believe that emission rights is the right to correspond with the right environment, environmental rights are basic human rights, is that people have the right to enjoy the beautiful environment, is a negative right. Emission rights content is the use of environmental capacity, the use of unreasonable inevitably endanger people's environmental rights. So, I tried to divide private rights from the perspective of civil rights, natural resources from the perspective of a redefinition of emission rights. From the perspective of private rights of public power, sewage state power is vested with the color of private rights, the national public power and private rights of individuals symbiosis. From the point of view of natural resources, natural resources belong to the right of emission rights. Existing historical and technical conditions generally recognized types of natural resources are public goods or quasi-public goods. Natural resource rights is a separate, distinct kind of property rights, including ownership of natural resources and natural resource use rights. The creation of natural resource rights both on the existing legal definition of natural resource rights incorrect to consider the nature of property rights theory held by most scholars can not solve the face of the rapid development of environmental philosophy and movement of natural resources brought deep level adjustment concerns, there are also legal technology and legislation, research cost considerations. Creation of natural resource rights in favor of improving natural resources law, and promote the process of legislation to better protect property law has become increasingly unable to adjust with ecological values ??and national security implications of natural resources. Environmental capacity of emission rights is the object of public goods, with a scarcity of natural generative and ecological functions, a natural resource. Property rights difficult to incorporate into the sewage system, a natural resource use rights. Lv Zhongmei teacher presents the concept of the right to use the environment, I believe that examines environmental law and natural resources law found in the integration process, the environment and natural resources, two very vague concept of boundaries, the environment and natural resource use rights has the right to use the concept of identity . Discharge limits are natural resources, natural resources, emission rights is defined as the right to use easy for people to accept. In summary, the emission rights is of a private right color of state power, the right to use a natural resource.

Its legal nature of emission rights

Abstract

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