Government distributed discharge right gratuitously is the characteristic of planned economy. At that time the majority of people paid for the environment capacity resource for the polluters. In the transition period, Chinese government has set up levying policy of pollutant discharge and indistinct non-gratuitous distribution of discharge right. However, the related laws are out of harmony. With further open up and the market economic system establishing it is necessary to change the concept that environment resource is gratuitous and establish a non-gratuitous discharge system in the primary distribution.