Emissions Trading System Research

Waste discharging right trade system was firstly put forward by American economist Davis, and firstly used in administration of air pollution and river pollution by USA. After that, Germany, Australia, England and Japan made efforts on legislation and practice of waste discharging right trade system, and got some effects. In 1999, the system was brought in our country formally and was carried out for test in places, where some difficulties and problems arose as well as valuable experience.The first part of the paper hereafter analyzes the waste discharging right. Through the analysis about environment right, waste discharging right is argued as a sub-right of environment right, and is regarded as a kind of using right of environment capacity. Then, the writer points out the differences between waste discharging right and polluting right. Waste discharging right is a legal act within the capacity of environment. However, polluting is often negative as an illegal act beyond environment capacity. After the affirmation of the waste discharging right, the paper discusses the feature, sort and nature of the right and puts it into the category of usufruct.The second part analyzes the trade system of waste discharging right and the theoretical foundation of waste discharging right trade system. Firstly, It defines the connotations of the trade, Secondly, it discusses the economic theory source of the system and argues its rationality, feasibility and actuality. it argues the social base out of our country's actual condition. it analyzes the law foundation of waste discharging trade. Efficiency and equity are two basic values of law, and the waste discharging right trade system uses economic methods to stimulate enterprises to reduce pollution and make full use of environment resources within its capacity, which embodies efficient principle as well as value of equity.The third part makes comparison about legislation and practice of waste discharging right trade in China and USA. It introduces some specific systems in USA, and analyzes their advantages and effects. Then, basic situation of the legislation and practice in our country is also introduced. The comparison is developed from the trade system's legal status, enforcement effect, enforcement condition and promoting method in the two countries, attempting to find a hard base for the construction of the system in our country.The fourth part analyzes the necessity and possibility of the application of waste discharging right trade in our country, respectively in the perspective of efficiency and condition, In the process of analysis that combines the theoretical basis described above. It points out the system's advantages in environmental resource disposal, pollutant amount control, environmental quality control and macro control, analyzes the positive conditions for the trade application in our country and illustrates good attempt and practice. At the same time, the writer comes up with some negative factors for the system's application which need solving in the construction and practice of the system.'In the last part, the writer discusses the construction of waste discharging right trade system in our country and focuses on the following aspects:firstly, to define the basic principle of the system, such as pollutant registration principle and government supervision principle; secondly to legislate for waste discharging right and waste discharging right trade system; thirdly, to analyzes some key problems which need solving in the construction of the system; lastly, to set up and carry out some environmental economy policies to stimulate and promote the systems'enforcement.The whole paper adopts economic analyzing method and comparative analyzing method. There are following innovation. First, the paper uses not only economic theory, but also social and law theories. Second, the writer discusses the system's necessity and possibility respectively in perspective of efficiency and condition. Third, on the construction of our country's waste discharging right trade, the writer puts forward some key problems and comes up with solution to the most controversial issue.