“排污权”权利主体论

在环境法的权利义务体系中，环境容量的所有权属于全体人民，公民享有环境权。政府受托管理环境容量等资源，实现环境保护和经济发展的协调，保障全体公民的环境权。企业等生产经营单位和个人承担合法排污、清洁生产等环境义务，保证公民的环境权得以实现，同时基于“排污权交易”的制度设计，在超量减排时可享有一定的经济补偿的权利一排污权。排污权的法定权利主体只能是企业等生产经营单位和个人，环境保护信用不良企业不应是排污权的现实权利主体，只有符合区域产业结构调整政策、对环境容量资源利用效率高的企业等生产经营单位和个人才能成为真正拥有排污权的现实权利主体。

RESEARCH ON THE SUBJECT OF EMISSION RIGHT

In the right system of environmental law , environmental capacity is belonged to all the civil , and the environmental Right should be entitled to citizen; While the state is entrusted regulating nature recourse such as environmental capacity, to harmonize the relations of environmental protection and economics development, to ensure the environmental interests of public people ; Some environmental duties such as pollute legally and cleaner production are burdened to production units and peoples mainly as enterprises to safeguard Citizen Environmental Right, and at the same time they can obtained some compensation for reducing permissible waste emission deeply under the legal system of ＂emission right trading ＂ ,which is named emission Right. The subject of emission Right with legitimacy only should be commissioned to production units, but those who didnt obey environmental protection law and policy wont win the Emission Right really. Only those corresponding with the industrial policies and having highly utilities of environmental capacity can be.