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排污权抵押在没有法律明确规定的情况下,在各地已经开始了以排污权抵押贷款为尝试的实践。在我国排污权交易还未形成健全的市场时,排污权的抵押面临障碍。排污权抵押以登记为生效要件,受到专款专用、监督管理和环境责任的限制,在实现上可采用市场交易、政府回购等多种方式,且可以基金和保险来降低抵押风险,这就使得排污权抵押具备可行性。
Emission of mortgage rights in the absence of law clearly stipulated in the circumstances, has begun around the practice of mortgage-backed emission rights as an attempt. In China’s emissions trading has not yet formed a sound market, the mortgage rights barriers face obstacles. Emissions mortgage right to registration as a condition of entry into force, subject to earmarking, supervision and management and environmental responsibility restrictions, in the realization of the market transactions can be used, the government repurchase and other means, and funds and insurance to reduce the mortgage risk, which makes Emission of mortgage rights is feasible.