This article analyzes the usufructuary right features of carbon emission right,and then discusses the prescriptive nature and public nature of carbon emission right,as a type of usufructuary right . First of all,the object of carbon emission right is certain amount of greenhouse gas .Carbon emission right is the legal basis for carbon emission trading .The object of carbon emission rights is certified by quantifying certain amount of greenhouse gas .Even though greenhouse gas cannot be deemed as a typical tangible property according to property theory,it can be categorized as an intangible property,enjoying property's features . Secondly,carbon emission right enjoys the features of usufructuary right . The object of carbon emission right is a type of intangible property . The arrangements of carbon quotas,reduction unit,and certified emission reductions enable the holders to possess,use and benefit from holding certain amount of greenhouse gas emission right .The right-holders realize their rights by obtaining a specific number of the use value of greenhouse gas emission rights .These coincide with the attributes of usufructuary right . Finally,the public nature of carbon emission right cannot change its essence of private interests .Carbon emission right has the substantial elements of usufructuary right,it has the features of relationship to things and relationship to humans,although it seemingly has conflict with the doctrine of usufructuary right superficially,carbon emission right fits the principle of legality of right in rem .Although the exercise of the right of carbon emission is closely related to the social and economic background,and it has been influenced by public law,its private law nature enjoyed by usufructuary rights will not change . Commoditizing carbon emissions right is the precondition of rationally allocating resources and climate adaptation . Scholarly discussions about carbon emissions focus more on carbon emission trading market,trading mechanism and trading laws and regulations,the implementation of the development and improvement,while researches about the legal attributes of carbon emission right are limited .Particularly,researches in analyzing the legal attributes of carbon emission right from the perspective of property rights is noticeably absent .As a result,it is of both theoretical and practical significance to conduct researches in this perspective . Through normative analysis and comparative study,this article analyzes the usufructuary right attributes of carbon emission right by referring to property right in domestic law .To grasp and improve legal mechanism governing carbon emission trading,it is of paramount significance to precisely comprehend the property attributes of carbon emission right .