The emission mortgage loan as a green credit measure opens up a new credit product for commercial banks and promotes their competitiveness and social image, playing an active role in solving environmental problems. However, because of the lack of emission legislation of mortgage, when the commercial banks loan by regarding the emission right as mortgage object, they will face a series of legal obstacles, eventually it will lead to the risk that the commercial banks’ mortgage right is difficult to be achieved. Through the analysis of the legal reasons for difficult realization of the commercial banks’ mortgage, the corresponding solution measures and countermeasures of perfect laws are put forward so as to promote the smooth development of mortgage loan business of emission right.