Discussion On The Improvement Of China’s Legal System Of Carbon Emission Trading From The Research On Legal System Of EUETS

The global climate change has become the concerns of the whole world today. Climate change would press great threat to the natural system and economical society. So it’s necessary for each government to decrease and restrain the emission of greenhouse gas in order to slow down the trend of global warming. The attitude of our government in the World Climate negotiations is positive and responsible.This article first explores the conception and primary theory of Carbon Emission Trading System, and talks about its background to set forth its value of system. Carbon emissions trading system has the advantage of being able to use the price mechanism to achieve the optimal allocation of environmental resources and promote the reduction subject to improve the technical level to reduce greenhouse gas emissions so as to achieve the purpose of solving climate change issues.This article makes deeply research on typical representatives of compulsory legal system of Carbon Emission Trading-EU respectively and analysis its advantages and disadvantages. As the most influential emission trading system, EU Emission Trading Scheme is a good sample of compulsory CET and offers practicing-experiences to other countries. Finally, this article analyzes the status and shortage of China carbon emissions trading. Our country is carrying out the experimental work of the carbon emissions trading scheme. Both ad-and-disad of EU can give important inspiration to set up China’s legal system of Carbon Emission Trading. This article comprehensively and specifically described to learn the advantages of European system and abandon its unreasonable. The author gives suggestions about setting up and improving China’s legal system of Carbon Emission Trading in the four aspects of the legislative principles, the basic legal system, specific system design and regulatory mechanisms.One of the achievements of this thesis is researching the typical CET of EU deeply and in detail. Considering most of the present researches pay attention to frame, and any mistakes on details of designing CET will cause high trading cost and make the system inefficient, this article focus on the typical CET of EU, and pays attention to details. So the author makes deeply research of EU’s CET in many aspects, such as trading subject, trading object, emission quota distribution, certification, registration and clearing, while analysis and sum up what we have to learn from the beneficial experiences of EU’s CET.In addition, the other achievement of this thesis is to design China’s CET by compound China’s characteristics and relative EU’s rules of CET. Specific plans are as follows:firstly, enact the CET legally and define the objects of CET; secondly, establish primary allocation and the total amount controlling systems of CET; thirdly, confirm the subject, object, trading market and trading schedule in law to make the system operatively and practically; finally, concentrate on special process of CET, and issue administrative and monitoring laws about China’s CET, especially on environmental audit as well as legal and effective monitoring of CET.