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排污权抵押贷款作为一种新型的抵押贷款形式出现,是排污权体制改革和探索的新成果。由于排污权抵押贷款中企业主体权利与义务的关系存在三个特殊性,即:权利与部分义务的时序性、权利产生与部分先履行义务的相关性、不得存在第三方因素使得权利与义务相关性消失,这导致在现有的法律规制该行为时需从一般性要求和特殊性要求出发考虑。基于法律规范逻辑结构,关注前提条件中的对企业获取排污权抵押贷款的特殊性要求,在法律后果中融入惩罚性赔偿,以期实现现行法律对排污权抵押贷款的更好规制。
As a new type of mortgage loan, the emission right mortgage loan is the new achievement of the reform and exploration of the emission rights system. Because there are three peculiarities in the relationship between the rights and obligations of enterprises in the emission-right mortgage loan, namely, the timeliness of rights and partial obligations, the correlation between the generation of rights and part of the performance obligations, and the absence of third-party factors that make the rights and obligations relevant The disappearance of sex has led to the need to consider the general and specific requirements of existing laws regulating this act. Based on the logical structure of legal norms, paying attention to the specific requirements of obtaining mortgage loans for emission rights of enterprises in the preconditions, punitive damages are incorporated into the legal consequences so as to realize the better regulation of the existing laws on the emission right mortgage loans.