Idea Of ​​the Legal System Of China's Sulfur Dioxide Emissions Trading

The pollution of sulfur dioxide does seriously harm to residents, economy and ecology environment. Emission trading is a favorable way to reduce the emission of sulfur dioxide not only because of the remarkable effects but also its low cost. Policy supporting as well as the law regulation are needed to set up the sulfur dioxide emission trading market and maintain it in good order and condition. The legislation is an indispensable legal guarantee for the sulfur dioxide emission trading. As early as 2007, the State Council had proposed the regulation of the dioxide emission trading, unfortunately, this regulation has not been put in place yet. Sulfur dioxide emission trading legal system is an important part of the emissions trading legal system; moreover, it will significantly improve the environment law system of our country.To meet the social requirements of sustainable development, this article aim to propose the ideas of sulfur dioxide emissions trading legislation in china. In the first part, from the legal system of emissions trading, I will analyze the basic theory of emissions and emissions trading, the generation of the legal system and its development situation. In the second part, I focus on the legal development of U.S. sulfur dioxide emissions trading for reference, introducing Emission Reduction Credits, Cap and Trade, the Bubble Policy, the Banking Policy, the Netting Policy, the Offset Policy and the"Acid Rain Program". The third part of this article analyzes the necessity and feasibility of sulfur dioxide emissions trading legislation of our country. While we have received significant effects on reducing the emission of sulfur dioxide by the marketing means, legal protection is still needed for the development of sulfur dioxide emissions trading. Based on the pilot of sulfur dioxide emissions trading over the last decade, many places have established their own regulations for the emissions trading. From the systematic point of view, it is time to propose an integrated legal system for the sulfur dioxide emissions trading, such as the total control system and permit system. The fourth part, which is the main part of this article, delivers the ideas of legislation of sulfur dioxide emissions trading. In this part, I will analyze current regulations and its problems, and then, illustrate the legislation from the following five aspects: basis of the emissions trading legislation, the cap control system, the primary market, the secondary market and the legal liability in the sulfur dioxide emissions trading. The first step for the legislation of the emissions trading is to establish the legal status of emission rights and provide the tradability of emission permits. As for the second step, it is needed to legislate for the cap control of sulfur dioxide emissions, as the cap control is the prerequisite to establish the primary market. It is necessary to set the general principles and rules for sulfur dioxide emissions trading too. For the legislation of primary market of the sulfur dioxide emissions trading, it is also needed to set up the compensated initial distribution pattern. For the legislation of secondary market of the sulfur dioxide emissions trading, we should provide law for the secondary market in the following aspects: expansion of the scope of the subject, unified transaction procedures and the legal protection for the agency. For the third step, the legal liability is an indispensable part in the sulfur dioxide emissions trading legal system, including the emission rights users'legal liability and the supervisors'legal liability in the sulfur dioxide emissions trading.