On The Nature Determination Of Carbon Emission Right And Influence On China’s Carbon Emission Trading Mechanism

Global warming has issued severe discussion in the international community. As a result, international documents were drawn up. They are the United Nations Framework on Climate Change and the Kyoto Protocol. Following this trend and responding to environmental protection, nations all over the world took actions and made a series of efforts to decline emission. As a big carbon emitter, China also took a lot of positive measures and carried out experimental work in several provinces and cities. However, with the shortage of a leading legal document, the result of experimental work was very disappointing. Except, compared with EU and USA, China is in lack of a trading center whose service could cover the whole country or even the world. Thus, China is in need for a perfect carbon trading mechanism and market.The very fundamental thing to format this mechanism is to define the nature of carbon emission right. However, academic controversies have never stopped. What the nature of carbon emission right shall be is still a puzzle all over the world. Therefore, in order to research China’s carbon emission trading mechanism, this paper studied the nature of carbon emission right first. Based on the reality of China and the specialty of carbon emission right, comparatively analyzing the legislation and practice in oversea areas, the nature of carbon emission right was finally defined and suggestions were given to construct carbon emission trading mechanism in China.To do academic study rigorously, this paper was designed in the following five parts. Part one introduced the research background and significance,and overviewed studies on the nature of carbon emission rights. Part two was an introduction to basic definitions. Part three described how existing legislations and emission trading mechanisms regulate the nature of carbon emission right and mainly focused on EU and USA. Part four analyzed what nature of carbon emission right fit China best. Part five studied the influence of special usufructuary right and how to construct carbon emission trading mechanism.