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由于具有金融创新和循环经济等优越性,排污权抵押贷款为企业解决融资和发展等方面的难题提供了新途径。但在我国现有的理论体系框架和实施开展过程中,其业务还面临诸多障碍,如:排污权的法律性质存在争议;排污权作为抵押物在法律上是否合理;排污权抵押贷款实施的市场化、制度化等问题。排污权作为一项准物权在法律上具备抵押贷款的合理性,通过赋予排污权明确的权力地位、市场调节与政府调控结合、立法上的完善、制定规范条例和相应实施细则几方面的探索,当前我国排污权抵押贷款制度将更合理和完善。
Due to its advantages such as financial innovation and circular economy, emission mortgage loans provide a new way for enterprises to solve the problems of financing and development. However, in our country’s existing theoretical system framework and implementation process, its business is still facing many obstacles, such as: the legal nature of the emission rights controversial; emission rights as collateral legally reasonable; emission rights mortgage market implementation The systemization and other issues. Emission rights as a quasi-property right to have a legal mortgage loan rationality through the empowerment of a clear power to give the right to emission, the combination of market regulation and government regulation, legislative improvement, the development of regulatory regulations and the corresponding implementation details of several exploration At present, China’s emission rights mortgage loan system will be more reasonable and perfect.