排污权抵押贷款法律问题探析
发布时间：2018-08-30 09:40
【摘要】： 排污权抵押贷款是一项主要面向中小企业的绿色信贷措施,旨在解决企业的融资难、发展难等问题,由浙江省嘉兴市于2008年在全国率先推出。作为一项具体的环境经济政策,排污权抵押贷款具有节省行政成本、优化资源配置、促进技术创新、提升公众参与环保等优点。从环境效益上来看,排污权抵押贷款促进了企业节能减排的积极性,最终结果将促使人类环境状况的改善；从经济效益上来看,排污权抵押贷款不仅解决了企业的融资难,同时减轻了政府投资环保的资金压力；从社会效益上来看,排污权抵押贷款在促进经济发展、保障社会稳定的同时,有利于树立我国的国际形象。 由于排污权抵押贷款是一种新型的排污权交易模式,国内既没有现成的理论体系可参考,也没有广泛的实践经验作支撑,在我国现阶段法律体系框架下推行这项措施还存在诸多问题,如：环境容量的资源性和权属不明；排污权的用益物权属性尚存争议；用益物权作为抵押权的客体没有法律明确规定；排污权交易存在立法空白；绿色信贷缺乏必要的法律支撑等等。但是,若针对这些问题对我国现有的相关法律进行必要的完善,则全面推行排污权抵押贷款是完全可行的。
[Abstract]:Emission right mortgage is a green credit measure for small and medium-sized enterprises, which aims to solve the problems of financing and development of enterprises. Jiaxing, Zhejiang Province, first launched in 2008 in the whole country. As a specific environmental and economic policy, sewage mortgage loan has the advantages of saving administrative cost, optimizing resource allocation, promoting technological innovation and promoting public participation in environmental protection. From the point of view of environmental benefits, emission mortgage loans promote the enthusiasm of enterprises to save energy and reduce emissions, and the final result will promote the improvement of human environmental conditions; from the point of view of economic benefits, emissions mortgage loans not only solve the financing difficulties of enterprises, At the same time, it alleviates the pressure on the government to invest in environmental protection. From the social benefit, the sewage mortgage loan can promote the economic development and ensure the social stability, at the same time, it will help to set up the international image of our country. As emission mortgage is a new mode of emission trading, there is neither a ready-made theoretical system to refer to nor extensive practical experience to support it. There are still many problems in carrying out this measure under the framework of China's current legal system, such as: the resource nature and ownership of environmental capacity is unknown, the property of usufruct of emission right remains controversial, and the nature of usufruct property right of pollution discharge right is still in dispute. Usufructuary right as the object of mortgage is not clearly stipulated by law; there is a legislative gap in emissions trading; green credit lacks the necessary legal support and so on. However, if the existing laws of our country are improved to solve these problems, it is feasible to carry out the emission mortgage loan in an all-round way.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.28
本文编号：2212695
[Abstract]:Emission right mortgage is a green credit measure for small and medium-sized enterprises, which aims to solve the problems of financing and development of enterprises. Jiaxing, Zhejiang Province, first launched in 2008 in the whole country. As a specific environmental and economic policy, sewage mortgage loan has the advantages of saving administrative cost, optimizing resource allocation, promoting technological innovation and promoting public participation in environmental protection. From the point of view of environmental benefits, emission mortgage loans promote the enthusiasm of enterprises to save energy and reduce emissions, and the final result will promote the improvement of human environmental conditions; from the point of view of economic benefits, emissions mortgage loans not only solve the financing difficulties of enterprises, At the same time, it alleviates the pressure on the government to invest in environmental protection. From the social benefit, the sewage mortgage loan can promote the economic development and ensure the social stability, at the same time, it will help to set up the international image of our country. As emission mortgage is a new mode of emission trading, there is neither a ready-made theoretical system to refer to nor extensive practical experience to support it. There are still many problems in carrying out this measure under the framework of China's current legal system, such as: the resource nature and ownership of environmental capacity is unknown, the property of usufruct of emission right remains controversial, and the nature of usufruct property right of pollution discharge right is still in dispute. Usufructuary right as the object of mortgage is not clearly stipulated by law; there is a legislative gap in emissions trading; green credit lacks the necessary legal support and so on. However, if the existing laws of our country are improved to solve these problems, it is feasible to carry out the emission mortgage loan in an all-round way.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.28
【引证文献】
相关硕士学位论文 前1条
1 王传良;排污权的准物权制度化研究[D];西安建筑科技大学;2011年
，本文编号：2212695
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