Initial distribution of pollution rights need to focus on fairness
October 28, 2020 10:19 Source: "China Social Sciences", October 28, 2020, Issue 2035, Issue 2035

Equipment Rights Transaction,In essence, the relevant authorities are based on the objective restrictions of environmental capacity,Determine the total amount of emissions of pollutants,Then the total amount of the emissions of pollutants is allocated to the main body of pollution in accordance with certain standards,and allow the sewage subject to trade the sewage quota obtained under certain conditions,The purpose is to achieve the corresponding environmental quality target at a smaller economic cost。In this process,The initial distribution of pollution right is a necessary prerequisite。The initial allocation of pollution rights mainly includes two key links: verification of the total amount of pollution、allocate the total amount of sewage between the main sewage subject。These two key links involve the interests of multiple subjects。Therefore,In practice,The initial distribution of the right to discharge the right needs to balance the interests of multi -party subjects,Pay attention to the fairness of the initial distribution of the right to discharge the right。

  bet365 Play online games

The initial allocation of pollution rights needs to take care of the interests of non -pollutants,Coordinated the interest relationship between the pollutant and the non -pollutant。In the practice of environmental pollution treatment without the implementation of pollution -discharge transactions,There is a certain conflict between interests between the pollutants and non -pollutants。Polymers discharge pollution substances into the public environment,As a result of the decline in environmental quality or even worsening,Impact of the personal interests of the general public as non -pollutors、Property interests and even enjoy the benefits of a beautiful environment。But this conflict is just a traditional rights and interests,That bet365 live casino games is, the right to use their property and the personal rights of the non -pollutant、property rights and interests、Conflict between environmental rights and interests。After implementing the trading system of pollution rights,The conflict between the rights and interests between the pollutant and the non -pollutant has appeared in a new form,The conflict between the interests between the pollutants and the non -pollutant's interests and the non -pollutant's interests。Because,In the practice of related normative legal documents and the practice of pollution rights,Equipment emission rights are generally regarded as a new type of property right。This new type of property right actually reflects the right to use environmental capacity for pollutants,That is, the social entity that obtains the right to discharge the right not only has the right to use environment capacity,And can also mortgage and betray the right to use this environmental capacity under certain conditions,Then gain benefits。and environmental capacity is a typical inseparable public item,It has typical non -discharge in use。From theoretically,,All subjects living in a specific environment have the right to use environment capacity,This is the determination of human biological instincts。but,The right to discharge rights in practice is actually the division of environmental capacity to a small number of pollutants,and the vast majority of the public does not have this legal right,Therefore, to a certain extent, it violates the fair requirements of the distribution of public items。

In order to effectively coordinate the trading system of pollutant discharge, the conflict of interest brought between pollutants and non -pollutants,From the perspective of pure theory,The average distribution of environment capacity in all natural people living in the environment,Everyone enjoys the right to exclusion。This,Some people's sewage quotas are not enough,can be purchased from others; the sewage quota of the enterprise is not enough,You can buy from natural person。but,Such a national transaction is actually bet365 live casino games difficult to achieve。So,From the perspective of practice,The initial distribution of the right to discharge the right can take the following two measures,Balanced interest between the dirty discharge and non -pollutants。

First, when the competent authority approves the total amount of pollutant discharge, the interests of non -pollutants should be taken into account,Approve the total amount of sewage discharge at a certain range of the lower limit of the environment,The total amount of sewage should not be equivalent to the environment capacity,Direct environmental capacity。Good environmental quality is a prerequisite for ensuring that the interests of non -pollutants are effectively protected,It is also the prerequisite for the sewagers to infringe on non -pollutants due to pollutant discharge。In a sense,As long as the personal person's personal、Property and even environmental rights are not threatened and harmful for pollutant discharge behavior of those with pollutants,The conflict between the interests between the pollutants and the non -pollutant can be coordinated to the greatest extent。If you want to keep the environmental quality in a good state,The total amount of sewage must be approved and controlled within the range of the environmental capacity。Due to environmental capacity due to weather、Wind、Rizhao、rainfall、Changes such as changes in temperature and other conditions,Therefore,The competent authority shall retain a certain amount of room for environmental capacity when approved the total amount of sewage discharge,to ensure that the environmental capacity will not be broken by the total amount of sewage。

Second, the initial distribution of the right to discharge the right should allow the pollutant to bear a certain cost expenditure。With the further in -depth reform of my country's ecological civilization system reform,Green development concept gradually penetrates people's ideas,The environment itself is no longer a free used item,but a public item with a certain value。"Green water and green mountains are Jinshan Yinshan。"The use of the environment of each social subject should be according bet365 Play online games to the scale they use、degree and side effects of the side effects pay a certain price,Responsible for certain cost expenses。This is also the specific manifestation of the principle of the principle of user burden generally recognized at home and abroad。Poor sectors exercise the right to discharge the right to discharge,Implementation of sewage behavior,It has a certain impact on the public environment,Then it will affect the interests of non -pollutants; in order to avoid cause damage to non -sewagers,The adverse effects of pollutant discharge behavior caused by pollutants should be controlled and eliminated,This requires a certain amount of capital investment。This fee shall be borne by the pollutant。Polyders shall be able to purchase pollution -discharge rights from the competent authority,Environmental negative exterior internalization of the exercise of its pollution right。In the United States,The initial distribution of the right to discharge rights in practice is mostly unpaid allocation,In the practice of the pollution -discharge right trading practice implemented by my country's early pilot,It is also implemented for free system that is initially allocated by pollution rights。This free distribution is not only not conducive to motivating pollutants to actively implement emission reduction,and did not take care of the interests of non -pollutants,Make the sewager and the non -pollutant lose fairness。but,In the current pilot practice of pilot practice in my country,Gradually adopted a paid system for initial distribution of the right to discharge。

  Balance the interests of different sewage subjects

The initial distribution of pollution rights should take into account the balance of interests between different industries and internal sewage entities within the same industry。After the total amount of sewage discharge is verified,Distribution between the pollutants in different industries and the sewagers within the same industry,It should also pay attention to fairness。Although the initial distribution of pollution discharge rights is achieved for compensation,But it does not mean that the pollutant can get the amount of pollution Bet365 app download rights he wants to obtain as long as the pollutants pay the money。Under the condition of strictly controlling the total amount of sewage,The right to discharge the right is undoubtedly a scarce resource。The initial allocation of this scarce resources,Not only is it necessary to reflect the fairness between the pollutant and the non -pollutant,It is also necessary to reflect the fairness between the pollutants。In practice,Fairness between the pollutants includes fairness between different industries,also includes fairness between different sewagers within the same industry。Different industries are in production technology、Product attribute、Product attribute、There are differences in the characteristics of raw materials,This leads to the type of emissions of pollutants、quantity、Attributes have certain differences; and,The state holds the development of different industries in different industries at different development stages and development periods.。The differences between this industry should also be fairly reflected in the initial distribution of the right to discharge,It cannot implement a standard for all pollutants in different industries at the initial distribution of pollution rights,Take the "one -size -fits -all" method。Industry that supports and encourages the country's support and encouragement, and the industry that maintains national livelihood,and the "sunset industry" restricted by the country,In the initial distribution of the right to discharge rights, the difference should be fair,To a certain extent, it promotes the optimization and upgrade of the industrial structure。For different sewagers within the same industry,Because it is in the production process process、Raw materials、Product attributes and other aspects have the same sex or similarity,They have a large degree of consistency in the types of pollutants。

Despite this,It does not mean that different pollutants within the same industry are not different in the discharge of pollutants。Because different sewagers in the industry may adopt different production technology、Process process、pollutant treatment equipment, etc.,There is a large difference Bet365 lotto review in the amount and concentration of the emissions and concentrations of them,The impact on the environment is also different。Therefore,Even different sewagers within the same industry,Initial distribution of pollution rights for it,It should not adopt an alternative,Instead, they should consider them in the amount of pollution、Production technology、pollution control technology、Differences in pollution performance and other aspects,Differential treatment,It is necessary to mobilize the enthusiasm and initiative of the enterprise to reduce emission reduction,It will not directly cause a fatal blow to the enterprise。

 Balance interests between different areas

The initial distribution of the right to discharge the rights should take care of the balance between interests between different areas。Veterans in my country,The level of economic and social development between different regions、Geographical environment conditions、Resource endowment、There are large differences in environmental quality status,Especially between the eastern region and the central and western regions。Therefore,The initial distribution of the right to discharge must take into account the differences between different areas,It is necessary to consider its environmental capacity status,It is also necessary to consider its economic and social development needs and pressure,Strive to achieve the balance between interests between developed areas in eastern and western regions in the eastern region and in the central and western regions。and,There are still some poor areas and some poor people in my country,Still need to get rid of poverty through the development of the economy,and the initial distribution of the right to discharge the right to a large extent is closely related to the development of the regional economy。my country is currently in the tackling stage of poverty alleviation,The initial distribution of the right to discharge the right to balance the interests between different regions also helps poverty alleviation in poor areas to a certain extent。

(This article is the Empirical Research on the Empirical Research of the SRDP Project of China Ocean University SRDP project "Research on the Pilot and Trading Pilot of the Discharge Quota of Qingdao City")

(Author Unit: School of Law of Ocean University of China)

Editor in charge: Cui Cen
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026