On the Analysis of the Legal Attribute of Emission Allowance——Concurrently on the Development Direction of"Emission Right"Trading System
The"Emission Right"is actually the emission allowance,and for producers,its legal significance is the emission within the permitted types and quantities,which include both rights and obligations.Considering the change from unrestricted emission to law-regulated emission,the function of emission allowance is to set out obligations.The emission allowance itself is neither right nor property.Various right-related theories of"emission right"are invalid,and unable to provide theoretical support for the emission allowance trading.The emission allowance enjoys some attributes of property,which is the result of the power exercise,and it appears in the form of property in the trading process and returns to the original nature of the obligation allocation mechanism when it is back to the production process.Restricted by its own nature,the property right of emission allowance is incomplete.According to the nature of emission allowance and the purpose of allowance trading,it is rather appropriate to design the emission trading system as follows:the emission allowances are initially allocated in the mode that the emission allowances currently possessed are freely allocated;the government can reserve a certain proportion of allowances to conduct macro-control of the supply of emission allowances;the trading price of emission allowance is determined by the market based on the supply and demand.
万方数据
