A Study On The Legal Problems Of Pollution Trading System

Since the 70 ’s,the United States Federal Environmental Protection Agency(EPA)has used "emission trading" to control environmental pollution,and then including the European Union and other places have also begun to carry out emissions trading practice,to now have achieved great social and economic benefits.The successful construction of emission trading system in various countries and regions has also brought many enlightenment to the construction of "emission trading system" in China.This paper studies the legislation and practice of the emission trading system at home and abroad,at the same time,combined with the pilot work of the emission trading in Jiangsu Province,recognizes the advantages and characteristics of the emission trading in the province,and summarizes the legal problems existing in the implementation of the emission trading system in China It is of urgent practical significance and far-reaching strategic significance for China to protect the environment and even promote social harmony.Based on the analysis of the legal system of emission trading in Jiangsu Province,it is recognized that there are the following legal problems in China’s emission trading system: the legal system of emission trading has not yet been formed,the specific legal system of emission trading is imperfect,and there are loopholes in government supervision of emission trading.In view of the above problems,this paper puts forward some countermeasures to improve and establish the "emission trading system" : building the legal system,improving the emission trading law in the basic law,promulgating the national "emission trading regulations",regional coordination legislation to resolve local legislative conflicts,improving the legal system of total emission trading control,two-level market,and through the strength of the government and society.Establish the supervision and management system of emission trading in China.