排污权的法律性质和初始分配制度研究
发布时间：2018-11-28 17:42
【摘要】： 作为治理污染的新举措,排污权制度近年来在许多国家广为运用。我国自20世纪八十年代末开始引入排污权制度,而关于排污权的法律属性和初始配置方式等问题,现行立法中尚未有专门、系统的规定。理论界对于排污权制度的研究,特别是从行政法学意义上的界定仍显单薄。实践中,我国长期实行的是浓度控制的污染物控制策略,并通过行政配置的单一模式由政府环保部门无偿授予行政相对人以排污权。这一做法忽视了环境容量的经济价值,故而不得不设立排污收费制度以弥补。其后果是不但不能有效控制污染物的排放量,还造成了环境资源低效率利用和权力寻租等问题。近年来我国部分地区开展了初始排污许可指标的有偿分配试点工作,但具体采用何种分配模式仍是争议的焦点,要构建一个科学合理的初始排污权分配体系,我国目前还存在些许制度障碍。 对此笔者阅读了大量文献资料,结合我国现状和域外经验,从行政法学的角度将排污权的法律性质界定为一种特许物权。同时对太湖流域等地排污权有偿分配工作的经验进行总结,将市场机制引入初始配置过程,尝试对我国排污权的初始分配体系进行如下构建:在污染物的总量控制战略的基础上,通过颁发排污许可证的形式,采用以公开拍卖为主、免费分配和定价出售为辅的混合模式分配初始排污权。同时为保障初始分配的公平性和合理性,笔者在完善立法、区域性环境机关设置、加强环境监管等方面提出了改进建议。
[Abstract]:As a new measure to control pollution, emission right system has been widely used in many countries in recent years. Since the end of the eighties of the 20th century, the system of emission rights has been introduced in our country. However, there are no special and systematic regulations on the legal attributes and initial allocation of emission rights in the current legislation. The research on emission right system, especially the definition in the sense of administrative law, is still weak. In practice, China has been carrying out the pollutant control strategy of concentration control for a long time, and the government environmental protection department has granted the administrative counterpart the right to discharge pollution free of charge through a single mode of administrative allocation. This ignores the economic value of environmental capacity, so a sewage charge system has to be set up to make up for it. The result is that the emission of pollutants can not be effectively controlled, but also the problems of inefficient utilization of environmental resources and power rent-seeking are caused. In recent years, some areas of our country have carried out the paid distribution pilot work of the initial emission permit index, but the specific distribution mode is still the focus of controversy, we should build a scientific and reasonable initial emission right distribution system. At present, there are still some institutional obstacles in our country. In view of this, the author has read a lot of documents, combined with the present situation and the overseas experience of our country, defines the legal nature of the pollution discharge right as a kind of special property right from the angle of administrative law. At the same time, the experience of the paid allocation of sewage rights in Taihu Basin and other places is summarized, and the market mechanism is introduced into the initial allocation process. This paper attempts to construct the initial distribution system of emission rights in China as follows: on the basis of the total amount control strategy of pollutants, through the issuance of emission permits, mainly by public auction, Free distribution and pricing are supplemented by a mixed mode of allocation of initial emission rights. In order to ensure the fairness and rationality of initial distribution, the author puts forward some suggestions for improving legislation, setting up regional environmental agencies and strengthening environmental supervision.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
本文编号：2363738
[Abstract]:As a new measure to control pollution, emission right system has been widely used in many countries in recent years. Since the end of the eighties of the 20th century, the system of emission rights has been introduced in our country. However, there are no special and systematic regulations on the legal attributes and initial allocation of emission rights in the current legislation. The research on emission right system, especially the definition in the sense of administrative law, is still weak. In practice, China has been carrying out the pollutant control strategy of concentration control for a long time, and the government environmental protection department has granted the administrative counterpart the right to discharge pollution free of charge through a single mode of administrative allocation. This ignores the economic value of environmental capacity, so a sewage charge system has to be set up to make up for it. The result is that the emission of pollutants can not be effectively controlled, but also the problems of inefficient utilization of environmental resources and power rent-seeking are caused. In recent years, some areas of our country have carried out the paid distribution pilot work of the initial emission permit index, but the specific distribution mode is still the focus of controversy, we should build a scientific and reasonable initial emission right distribution system. At present, there are still some institutional obstacles in our country. In view of this, the author has read a lot of documents, combined with the present situation and the overseas experience of our country, defines the legal nature of the pollution discharge right as a kind of special property right from the angle of administrative law. At the same time, the experience of the paid allocation of sewage rights in Taihu Basin and other places is summarized, and the market mechanism is introduced into the initial allocation process. This paper attempts to construct the initial distribution system of emission rights in China as follows: on the basis of the total amount control strategy of pollutants, through the issuance of emission permits, mainly by public auction, Free distribution and pricing are supplemented by a mixed mode of allocation of initial emission rights. In order to ensure the fairness and rationality of initial distribution, the author puts forward some suggestions for improving legislation, setting up regional environmental agencies and strengthening environmental supervision.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前1条
1 王传良;排污权的准物权制度化研究[D];西安建筑科技大学;2011年
，本文编号：2363738
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