排污许可证制度的法理探析

“排污权”是社会个体的环境权益,排污许可权是环境公益集中代表,排污许可权由环保机关行使,其所有权属于人民。“排污权”及其与排污许可权之间必然有矛盾、冲突,排污许可证制度则是这些冲突相妥协的结果,也成为进一步协调这些冲突的工具。

Jurisprudential Analysis of Discharge Permit System

"Right to discharge" is a jurisprudence concept about individual environmental interests. Any person in nature has the "right to discharge", but the acts in our society don't and can't defend such kind of right. "Power to permit discharge" is entrusted by the people to the environmental protection agency for social environmental interests. To some extent, the agency has the power enforced in order to serve the people better. Among them there must be many conflicts. The discharge permit system is developed from their compromise and has lessened their conflicts.