环境权益及其市场化代理制度

提出了一个以新制度经济学方法分析环境问题及其控制方式的理论模型，并据此提出了当前环境保护工作实现制度创新的思考，其逻辑思路是：由环境资源的稀缺性引起的用于满足人类生存需要和生产需要这两种环境功能之间的矛盾，外化为人类生存性和生产性两型环境权益的冲突；解决这个冲突的两种制度安排─市场和政府─都存在着各自的“失灵”，因此，需要设计和实施一种使两者结合起来的更高形式的制度安排，途径之一是建立和实施以“法律框架、公众参与、代理公司”为要素的“环境权益之市场化代理制度”。当前我国环境保护工作正面临着这种制度创新的契机。

THE MARKET-ORIENTED AGENT SYSTEM FOR ENVIRONMENTAL RIGHTS AND BENEFITS

theoretical model for analysing environmental issues and their controlling environmental issues and their controlling patterns by using the method of Neo-institutional economics has been set up in this paper;and then,a suggestion on institutional innovation for the recent environmental protection jobs has also been put forward. The logic route of this analysing is that the interior contradiction between the two environmental functions (one is for survival and the other is for production) is reflected on the two contrary environmental; rights (survival and production respectively), and the market and govemment,which are the two institutional arrangements to resolve the conflict of these two rights,manifest themselves their failures respectively. Therefore,a new institutional form which combines these two systems is needed. One of the ways is to design and implement a system called "the market-oriented agent system for environmental rights and benefits",which contains at least three key factors:legal framework, public participation and agent company. At present,China's environmental protection affairs are just facing this good apportunity of institutional innovation.