| With the establishment of the Socialism market economy the modem Chinese environment legislation is characterized by the protection of environmental through the perfection of economic approaches. The system of marketable pollution permits, which acts as the main part of the legal system of environment and economy under the market economy, has been widely used in western developed countries but in China there is almost no adoption of it. Therefore, we should learn from the mature experiences of those developed countries and combine them with our practical conditions to make relevant laws in order to solve the deteriorating environmental problems.This article first to studied emission right trading to carry on the elementary theory exploration, Through to analyze emission right meaning and the nature analysis, Scientifically limited the emission right trading meaning, And has carried on the thorough analysis to its characteristic;Next from environment, economical sustainable development and existing contamination control system flaw angle, Analyzed our country to implement emission right trading on necessity. And from our country present market system and advanced environmental protection technology aspect, As well as has the certain legal foundation and the realistic foundation angle, Like the total quantity control system, the emission permit system, experiment site emission right trading experience and the international cooperation advantageous environment, Analyzed our country to implement emission right trading feasibility, For profits from US to implement once more emission right trading success experience, emission right trading legislation condition to US and the related content has made the essential synopsis;Then implements emission right trading from our country present situation and the existing legal basis analyzing its existence the main question;Finally analyzes in above in foundation, proposed conforms to our country national condition legislation conception, Namely emission right trading principles through the legislation establish the system, objects and subjects, the inspector general management and sets up the corresponding legal liability and so on. In order to provide some reference value to emission right trading practice and the legislation work, and consummates unceasingly emission right trading system, causes it in the environmental protection domain display vital role, making it become the development economy, protection environment these two gears normal, high-speed operation lubricant. |
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