Research On The Legal System Of Carbon Emissions Trading In Europe And The United States

At the end of 19 th,greenhouse effect was mentioned first time.Since 1980 s,the phenomenon of global warming has become more and more serious.Scientific research shows that human activities emit large amounts of greenhouse gases into the atmosphere,which is one of the important causes of global climate change.In the greenhouse effect and global warming phenomenon is clear and the international community began to focus on the issue.After a series of meeting,the international community has reached a consensus to reduce greenhouse gas emissions and carbon emissions trading as a more flexible approach has been widely used.Compared with some traditional methods such as strictly limit emissions,carbon emissions trading effectively control the emissions and give market participants more flexible space from the perspective of economics.Through various forms of normative market economy means more to high efficiency,low cost targets.The article first introduces the carbon emissions trading system with an example.It describes the implementation of carbon emissions trading.Then the paper discusses the legal attribute of carbon emission rights,the theory of quasi real right will lead to the protection of human rights,and the right to development theory will lead to carbon emissions rights can not be traded.In order to solve these two problems,it is necessary to analyze them from the following two aspects.This article makes comparative research on typical representatives of compulsory and voluntary legal system of Carbon Emission Trading—EU and USA respectively and analysis their advantages and disadvantages.The European Union in 2005 launched the world's first carbon emissions trading mechanism and now has became the largest emissions trading system in the world.United States is the birthplace of the emissions trading system.U.S.carbon emissions trading system present regional economic pattern.The carbon emissions trading system in Europe and the United States is closely related to the economy and politics of the region.Both have their own advantages which were worth of depth comparative analysis.The third chapter describes the present situation of Chinese carbon emissions trading system and analyzes its deficiency.EU and USA can give important inspiration to set up China's legal system of Carbon Emission Trading.This article described to learn the advantages of European and American system and abandon its unreasonable.The author gives suggestions about setting up and improving China's legal system of Carbon Emission Trading in aspects and wishes it will be beneficial to China.This is the main purpose of this article.One of the achievements of this thesis is researching EU ETS and American systems in detail.In our country,the research in this field has been paid more attention to,and it has been analyzed from the angle of economy and environment.From the legal point of view,this paper analyzes the details of the carbon emissions trading system and sums up their mature experience.The purpose of the study is not to copy the whole successful experience.The simple reproduction of the laws and regulations of the developed countries and policy rules are likely to result in the failure of the legal transplant.Another innovation of this paper is the combination of China's national conditionsdrawing on the advantages of Europe and the United Statesto supplement the pilot cities to show the problems and deficiencies.It will play a positive role in reducing greenhouse gas emissions,protect the environment,improve the efficiency of energy utilization,and achieve sustainable development on the basis of ensuring economic development.