| With the increasingly serious problem of global climate, excessive carbon emissions has become a problem that can not be ignored. People must enhance the awareness of environmental protection as well as development.With the the guidance and regulations of UNFCCC and Kyoto Protocol, countries treat reducing carbon emissions as important work of the government. Emissions controlling leads to the scarcity of carbon emissions, which reflects its economic attributes of goods. Then, the carbon trading market comes into being.At present, the EU carbon trading market is the largest market for carbon trading in the world, and the operation is mature and stable. Comparing with it, China’s carbon trading market is in the primary stage, and the unified national market has not be formed. China is the largest developing country, and the economy is growing rapidly. In this case, the international community continually demanding China to take the responsibility of environment. On the other hand, reducing carbon emissions and developing carbon trading market are the important ways to stick to the sustainable development.The development of carbon trading market depends on the construction and perfection of legal system. Such as the characteristic of right, the scope of subject, the distribution, trading process, legal responsibility and supervision mechanism, every link involves many legal issues. Due to China’s existing laws and regulations are still defective, and the legal system of the carbon trading market is not perfect, so this paper will be based on the summary of foreign carbon trading market legal systems and combined with actual conditions and existing provisions, to put forward my own proposals for the construction of the carbon trading market legal system in China.This paper researches the construction of the carbon trading market legal system by deep analysis and discussion. The study is based on the theory of law and supplemented by analysis of economic theory. In addition, it is on the basis of existing research results and summarizes the successful experience of other countries.In the content, this paper is divided into five parts. The first part introduces the related concepts of carbon trading market, including the meaning and characteristic of emission right, the meaning and elements of market. It constructs a general framework of the carbon trading market in theory.The second part introduces the legal system of the international carbon trading market. At first, it presents the trading system determined by the international conventions. Then, it summarizes the successful experience of construction and development process of legal system in the EU and USA. At last, it puts forward several enlightenment for China through the advantages of systems in foreign countries.The third part discusses the development of China’s carbon trading market and the existing trading system through combining theory with practice. Moreover, starting from the two aspects of law and practice, it mainly analyses the problems and difficulties facing to the construction and process of the carbon trading market legal system in China.The fourth part gives suggestions to the construction of the carbon trading market legal system in China on the basis of the study. The paper deeply discusses the significance and problems by determining the characteristic of right, dividing the scope of subject, regulating the trading process, defining the supervision department and legal responsibility. Combined with foreign experience, the author finally reaches a solution which is suitable for China.The fifth part summarizes the content of this paper, and expounds the situation and prospect of the carbon trading market from a macro point of view. |
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