生态文明要求生产活动不能以破坏环境为代价,但生产过程又不可避免的进行排污,控制污染与经济发展似乎是一对无法妥协的矛盾体。但如果将排污行以产权的方式调整,而不再以政府的行政行为主导,则提供了另外一种思考方式。将排污行为产权化、市场化,以私法的角度来解读,既符合我国依法治国的方针,也顺应市场经济发展的脚步。要理清排污行为的法律属性,需要经济学中关于成本与收益的思考方式也需要民法理论的创新突破。二者相结合将会带来关于环境问题新角度的回答。 Ecological civilization requires that production activities not be at the cost of damaging the environment, but the production process inevitably carries out pollution discharge and controls pollution and economic development. It seems that this is a contradictory body that can not be compromised. However, if the pollution control system is adjusted by means of property rights instead of being dominated by the government’s administrative actions, another way of thinking is provided. It is not only in accordance with the guideline of governing the country according to law in our country, but also in the pace of market economy development. To clarify the legal nature of the sewage act, the need for economic thinking on costs and benefits also requires innovative breakthroughs in civil law theory. The combination of the two will bring about a new perspective on environmental issues.