| In the face of widespread and complex environmental problems,the traditional control-and-command approach to environmental regulation is no longer suitable for solving the contradiction between economic development and environmental pollution.The new market-based environmental regulation method has become a powerful weapon to solve the contradiction between environmental pollution and economic development,and the emissions trading system is one of the new environmental protection mechanisms,which has also attracted widespread attention in recent years.The aim of this system is to achieve the goal of controlling the total amount of pollutant emissions and regional environmental quality at the lowest cost through the regulatory function of the market mechanism,and to achieve the optimal allocation of environmental capacity.However,this system,as an "imported product",lacks strong legal protection in China,and there are many shortcomings in its theoretical and institutional design.At the practical level,emissions trading is only a policy tool in China,and there is no legislative recognition of emissions rights in China,nor is there any national legislation on emissions trading.From a theoretical perspective,most of the existing research on emissions trading is based on economic analysis,and the results of economic research only provide a general approach to solving the problem,but there is a lack of normative and juridical guidance for the establishment of a legal system for emissions trading.Therefore,the theoretical and practical significance of exploring the construction of a system of emissions trading based on a legal perspective is self-evident.In this paper,we take the legal system of emissions trading as the object of study,and firstly,we explore the background of the system,mainly in response to the problem of how to reconcile environmental degradation and economic development,and scholars have begun to explore new market-based environmental regulation methods to solve the problem.A representative new type of environmental regulation is the emissions trading system.The theoretical foundations of this system have been briefly discussed,including externality theory,Coase’s theorem,resource scarcity theory and the "tragedy of the commons" theory,and the legal theory of this system has also been studied,mainly focusing on the nature of emission rights,the legal characteristics of emission rights and the legal relationship between emission rights trading.Secondly,the specific practice of emissions trading in China is explored,firstly summarising the policy development of the emissions trading system in China,and then summarising the work of typical pilot provinces and cities in China,mainly taking Zhejiang Province as an example,because Zhejiang Province is the earliest province to carry out pilot work on emissions trading,and it has been constantly innovating in its pilot work,ranking first in the country in terms of achievements and being a model for other provinces to follow.The pilot project of emissions trading in Zhejiang Province is summarised from the aspects of policy formulation,initial allocation system,trading operation model and regulatory mechanism,and then from the point to the surface,the practical obstacles faced in the practice of emissions trading in China are summarised.Then,we conducted a comparative study with reference to foreign laws,mainly studying and analysing the emissions trading systems of the United States and the European Union,with Germany as an example,and summarised their practical experiences and areas worthy of our reference,mainly focusing on legislative protection,the primary market and the secondary market,which need to be learnt from.Lastly,the practical obstacles faced in the practice of emissions trading in China are used as a guide to put forward specific countermeasures for improving the legal system of emissions trading in China,with a view to better building the legal system of emissions trading in China. |
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