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排污权交易制度作为市场经济保护环境的手段,由于其充分发挥了市场经济的优势,能够有效地控制和减少污染物排放,受到国内外学界的关注。目前我国虽有排污权交易的实践,在排污权及排污权交易方面仍为法律的盲点,尤其对于环境容量的法律属性,未有相关法律予以确认和规定。通过对环境容量的概念、属性进行深入探讨,进而提出通过单行立法使之财产化,以解决排污权交易中的民法障碍。
Emissions trading system as a means of market economy to protect the environment, due to give full play to the advantages of market economy, can effectively control and reduce pollutant emissions, has been the concern of domestic and foreign scholars. At present, although the practice of trading in emission rights in our country is still the blind spot of law in the trading of emission rights and emission rights, especially for the legal nature of environmental capacity, there is no relevant law to confirm and stipulate it. By discussing the concept and attribute of environmental capacity, this paper puts forward the method of making property through single-line legislation to solve the civil law obstacles in the trading of emission rights.