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Research on Systemization on Quasi-property of Emission Right

Author: WangChuanLiang
Tutor: DuanYanHua
School: Xi'an University of Architecture and Technology
Course: Environment and Resources Protection Law
Keywords: Emission rights Quasi- property rights Environmental Law Property Law Quasi- institutionalized property
CLC: D922.6
Type: Master's thesis
Year: 2011
Downloads: 107
Quote: 0
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Abstract


Confined to China's environmental law and the law of the adjustment mechanism blind environmental protection system of property law, \Visible environmental responsibility mindset weakness beginning now stretched to the right point of view to analyze and solve environmental problems before treating the symptoms of the recipe. Designed based on private law Configuration environmental resources, in turn environmental obligations into which the quasi-property rights system of emission rights is undoubtedly grown in the fertile soil of our country, for the quasi-property rights system of emission rights will be designed to address environmental issues of our rational choice. As one should have the right of emission rights, has a refined into law the necessity and rationality, which has a dominant and absolute property specifications, combined with a distinctive personality rights vested in them quasi-property system, the requirements of the times and Modern Property Right institutionalization theory to provide a basis for its prospective. But it ought not necessarily to achieve quasi-property emission rights institutionalize two theories are analyzed according to civil law, there is still need to be addressed the following issues: interpretation theory under the existing property law principles and rules wishing emission rights into the property category in (legal) rights elements of the object involved in the content, there are three aspects of effectiveness difficult, the need for the existing property laws Fanjia to correct work; legislation on, the emission rights and environmental law as a communication system property law as well as the transitional civil law system approach in property law and environmental regulations made there on the predicament, the need to operate on specific legislative discretion. In order to meet the rigid requirements of property law doctrine, but also take into account the legislative technique operability of emission rights should adopt quasi-property rights system design \emission rights to its own characteristics, the existing rules of property law principles and the spirit of the work carried out in line expansion of civil law, the right to build a macro for the sewage system building. On the next legislature, in the \grow into the main tree of emission rights system, and ultimately the institutionalization of emission rights quasi-property rights.

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