Effective control of the negative effect of the "pollution right" transaction
October 28, 2020 10:17 Source: "China Social Sciences", October 28, 2020, Issue 2035, Issue 2035

"Equipment Rights" transactions adopt market mechanism to achieve the purpose of environmental protection,It is an alternative to the market mechanism to a certain extent.,It may have some negative effects and influences。From the original intention of the entire system design,Payment of paid use of "Equipment Rights" is not the ultimate purpose of the system,The purpose is to motivate enterprises to automatically reduce emissions,Existing its "pollution right",To achieve the purpose of environmental protection。but,From the practice of foreign sewage transactions abroad,"Equipment Rights" transactions may produce two negative effects,That is, the transaction makes the original illegal behavior legalization and the transaction violates environmental justice。Therefore,In reality,The government shall take effective measures to control the negative effects that may be generated by the "pollution -discharge right" transaction,The relationship between the compulsoryness of the environmental protection legal system and the flexibility of sewage transactions。

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In the pollution control mode of "command -control",Enterprises must discharge bet365 Play online games pollution in accordance with the pollutant emission standards stipulated in the law; and,In areas of the total amount of pollutants control,In addition to compliance with the corresponding pollutant emission standards,It is also necessary to meet the requirements of the control of pollutant emissions quotas。If the enterprise exceeds the standard of pollutant emission standards stipulated in the law or the total amount of sewage discharge of the enterprise exceeds the limit of the sewage quota,Its behavior belongs to environmental violations,Should bear the corresponding legal liability,and rectify、Governance,Finally meet the sewage standard and does not exceed the sewage quota sewage。That is to say,In the "command -control" pollution control mode,The total amount of sewage of enterprises exceeds the restrictions of the emission quota of pollutants,Its behavior is illegal act,It should be judged by the negative legal evaluation。but,In the pollution control mode of the market mechanism,Theoretically allow sewagers to purchase sewage quotas,Make the total sewage discharge of a certain pollutant exceed the original sewage quota,and the excess pollution is advocated and allowed by the law,That is legal behavior。So,In the "Equipment Right" trading system,Trading behavior can actually legalize the original illegal sewage behavior。

In the "Command -Control" Bet365 lotto review mode,Enterprises need to pay a certain cost of illegal acts that are overwhelmed by excessive sewage,If fines, etc.;,Enterprises also need to pay a certain amount of cost to its excess pollution.,If you buy the consideration of the sewage quota。Although it is also an economic burden and expenditure for enterprises,But the moral significance and legal value judgment of fines and considerations is completely the opposite。The fine reflects a punishment for the behavior of moral and legal deck of value,Fast reflection is a kind of support and encouragement for affirmation of values ​​with morality and law。If the penalty paid by the company was transformed into a consideration,It means that the law encourages and supports the excess pollution behavior of the enterprise。The same behavior、Economic burden of the same amount,There is no difference from the perspective of pure economics,Because the field of economics is a certain degree of value and neutrality,but,It has different properties in the field of morality and legal,Because both morality and law are not worthy of value。Because of this,The "pollutant discharge right" transaction strongly claimed by economists was only opposed by some ethical scholars and legal scholars。

In reality,How to effectively overcome the legalization of illegal acts,It is indeed a difficult problem。The core of the design of the trading system of the "sewage right" Bet365 app download is to ensure that the total amount of sewage discharge in a certain area is not increased,It can allow enterprises to have certain autonomy,Use the market mechanism to adjust the sewage quota。but,The result of this adjustment will inevitably make some enterprises (buyers of sewage quotas) exceed its original total sewage for sewage。my country's current total sewage control system is the total amount of key pollutant emissions approved by the State Council,Then post it step by step,Give all provinces、Autonomous Region、Determine the total amount of sewage,Then the provinces will be issued step by step by level,Finally implemented to the district、The sewage enterprise where the county is located。If allowing enterprises to trading the sewage quota,It should be given priority in the same area、Perform within the county,Otherwise it will lead to some districts、The county cannot achieve its total sewage control target。From the perspective of the provinces currently piloted by my country,All provinces basically stipulate that its "pollution -discharge transactions" are carried out in the province。In this case,It may lead to more districts in the province、The situation of the county's existence of excessive emission key pollutants。From the provisions of the provinces restricted by the transaction of "pollutant discharge rights" transactions,If the involved is one of bet365 best casino games the following situations,If the "pollution discharge right" is not allowed: environmental violations are still in rectification; the task or governance tasks of the main pollutants are not completed; Enterprises in regional limited batch areas; EIA fails to pass approval or record, etc.。These restrictions can avoid the predicament of legalizing illegal acts to a certain extent,3316_3343。In view of this,When designing the trading system of the sewage quota,It can be awarded a certain right to independent decision on the local government,That is, local governments can be based on the local environmental quality status、The level of economic and social development、Environmental regional and other factors of pollutant transfer emissions,Under the premise of ensuring environmental quality,Conditions that allow corporate sewage quotas to transaction,Make sure its profit is greater than the disadvantages。

 Avoid violation of environmental justice

The theory of environmental justice originated from the United States,It is the product of organic combination of the U.S. environmental protection movement and civil rights movement,Emphasize the fairness of the environmental burden between different groups,In particular, it is emphasized that the pollutants cannot be deliberately discharged to the surroundings of low -income communities and colored human communities。The resistance to environmental bet365 live casino games injustice is performed as neighboring movement in my country。In the "Equipment Right" trading system,The transaction of the sewage quota between enterprises is actually to move the pollutants at a certain emission point to another emission point emission,This is artificially increased by the people's environmental burden on another emission point,It violates the requirements of environmental justice。From the perspective of the pilot practice of the existing "pollution right" transactions in my country,my country's pollution quota trading system has not effectively regulated the possible environmental injustice issues that the transaction may cause。So,The author recommends that the sewage quota trading system established in my country in the future should clearly stipulate that the transaction cannot increase the environmental burden of the people around the people around the people around the people around,to ensure environmental justice。

In short,Establish a "pollution -discharge right" trading system with Chinese characteristics,The relationship between the compulsoryness of the environmental protection legal system and the flexibility of the sewage quota transaction,Effective control and minimize the negative effects that may generate the sewage quota transaction。

(Author Unit: Jilin Quanwei Law Firm)

Editor in charge: Cui Cen
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