Research On Government Regulatory Legal System Of China’s Carbon Emission Trading

With attention paid to environmental issues,energy conservation,emission reduction and environmental protection have become a consensus.China has put forward the goals of "carbon neutrality" and "carbon peaking",and carbon emission trading is the key mean to achieve the dual carbon goals.Carbon emissions trading should not overemphasize market attributes but should take the goal of climate change as the basic bottom line,so government supervision is of great significance.China actively carries out the legislation and practice of carbon trading regulations,and formulate supporting regulatory measures at the same time from the central government to the local governments,which have laid the foundation for the construction of China’s carbon trading market.After the institutional reform of the State Council,the carbon trading authority was transformed from National Development and Reform Commission to Ministry of Ecology and Environment,which caused certain new changes in government supervision of carbon emission trading.China’s carbon emission trading government regulatory legal system is to be improved in certain aspects: the legislation does not clearly define attributes of carbon emission allowances,and there is no unified conclusion at the theoretical level;the regulatory documents on government regulation of carbon emission trading is insufficient in legal effect;the total amount control and the initial allocation method of carbon quotas are flawed;the access mechanism for market entities is not perfect;the mandatory information disclosure system is insufficient;the division of regulatory functions and powers is not clear;and the accountability is relatively inadequate.In response to the above problems,this thesis will be unfolded from the following four parts.The first chapter analyzes the basic theory of government regulation of carbon emissions trading.First,it is clarified that China’s carbon emission rights and carbon quotas are same in concept,and make it clear that the carbon emission rights is a new right type,which includes public power and private right;Secondly,the regulation subjects,regulatory targets and contents of government supervision of carbon trading are discussed;Finally,it explains the special features of government supervision of carbon emission trading,so that government regulators can perform their regulatory duties more pointedly.The second chapter reviews the current legislation and practice of government supervision of carbon emission trading in China,finds out the problems and analyzes them,and explores the legal reasons behind them.The third chapter starts from the national carbon emission trading market and regional carbon emission trading market abroad,selects the government regulatory legal systems of the carbon markets of the European Union,New Zealand and the United States to unfold the research,analyzes the legislation,regulatory system and regulatory supporting system of carbon emission trading government supervision,and finds out the experience suitable for China in combination with China’s basic national conditions.The fourth chapter analyze and discuss the issues raised above.Based on the above analysis,further improvement ideas are put forward for the government supervision of carbon emission trading in China.First of all,it is important to improve government regulatory legislation and clearly divide the powers and responsibilities of government regulatory departments.Secondly,solutions are proposed from the supporting system of government supervision in the primary market and secondary market to enhance the effectiveness of supervision.