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排污权交易以合同形式将政府、企业和相关主体的利益捆绑为一体。经济分析法学派提出效率违约后,仿佛使得违约行为具备了合理性基础,对排污权交易体制带来冲击,这实质是公平与效率在经济生活中平衡的问题。“公平优先、兼顾效率”的原则在排污权交易立法中不可动摇,应首先规定处于公平基础地位的法律内容或准则,其次限制合理效率的范围,主体行为在法律制度下达成公平与效率的统一。
Emissions trading in the form of contracts to the government, business and related interests of the main bundled into one. Economic analysis school of law put forward the efficiency of default, it seems to make the basis for a reasonable basis for breach of contract, the impact of emissions trading system, which in essence is fair and the balance of efficiency in economic life issues. The principle of “fair priority, taking efficiency into account” can not be wavering in the legislation of emissions trading. First of all, it should stipulate the contents or guidelines of law at a fair basic position. Second, it limits the scope of reasonable efficiency. The main body of actions should achieve fairness and efficiency under the legal system Unity.