【摘要】 排污权交易是目前环境法学研究的热点问题之一。我国太湖流域已经开始了排污权交易的试点,在取得显著成效的同时也暴露出一些问题。在排污权交易实践领域,与现有制度和法律的衔接、太湖流域排污权市场的统一化和二级市场的激活都是有待解决的问题;在立法方面,国家立法缺位、地方立法缺乏协调以及配套规范建设滞后是存在的主要问题。作为太湖流域水污染防控与治理的一种经济刺激手段,排污权交易制度亟需法律的规制。为了确保制度的良好运行,实现治理太湖污染的目的,我国应该积极推进《排污权交易条例》的制定,同时加强太湖流域跨行政区域立法工作,并且尽快制定和完善相应的配套规范。更多还原

【Abstract】 Emission trading,as a means of economic stimulus,is a hot spot in current studies associated with environmental laws.In areas of China’s Taihu Lake Basin,a pilot project of emission trading was conducted and successful.There are 890 companies joining in the pilot project and the amount of emission trading is about 1.49 billion Yuan during the period between 2007(when the Emission Trading Center was found in Jiaxing,Zhejiang Province) and 2009 in Jiaxing,Zhejiang Province.Meanwhile,pollution discharge rights amounting to 1.41 billion Yuan have been sold to 915 companies during the last two years in Jiangsu Province.In despite of the overall success,the project is being faced with some problems to be urgently addressed.Construction of the relations and standards of the emission trading system,and the coordination between the emission trading system and the other relation systems are particularly important.In the practice of emission trading,there are still a lot of problems,e.g.,the convergence of existing systems and laws,establishing a unified market of pollution discharge rights over the basin,and the activation of the secondary market,need to be resolved.As far as legislation is concerned,the absence of national legislation,the lack of coordination between local legislation,and the lag of systematic regulations are the major problems.As an economic stimulus of water pollution prevention and control,the emission trading system requires an emergent legal regulation.A complete legal regulation system of emission trading include not only laws formulated by the National People’s Congress and the standing committee,but also the administrative rules and regulations,the department rules and regulations,as well as the matching specifications.The legal regulation system of emission trading in Taihu Lake basin has not yet completely established.The emission trading in the basin can be operated stably only within a complete and reasonable legal regulation system.Scholars have carried out multiple perspectives and multi-level research,providing many constructive suggestions.To ensure the operation of the institutional system to achieve the purpose of pollution control,it is suggested that the "Regulations of Emission Trading" be promoted to further strengthen the legislation between different administrative regions in the Taihu Lake Basin and to improve relevant matching specifications as soon as possible.更多还原