Improving The Administrative Regulation System Of Emission Trading Of China

For confronting the problems caused by climate change,Europe,America,Australia and other countries implement emission trading system as a new mode of governance to improving the enterprises' decreasing the emission.China launched the pilot program of Emission Trading in 2012.This paper tries to analyze the administrative system from the aspect of administrative law in order to analyze and resolve the problems therein,which could provide theoretical support for the improvement of the system since the close of the polit program.The analysis both in theoretical and practical areas on this issue is unsufficient,because the system is just in the transformed period from polit program to formal program,so the subject the paper is a new subject.The paper consists of five parts,except the part of introduction.Chapter One concentrates on the current situation of the pratices of administrative regulation both in international and internal areas.The analysis firstly places the emission trading system into the backgournd of climate change and analyze the theoretical sources and basic mechanisms of emission trading.The emission trading firstly comes from the theories of property,externality,public property and resource scarcity,of which the key logic is the function and purpose.From the purpose angle,It is for resolving the problems and externality and scarcity,from the function angle,it proposes the property theory and market mechanism.Within the problems of confronting climate change,the emission trading,by using the above economical theories,transforms the natural resource or environmental capacity into the conception of property and lead market mechanism into it to resolve the problems of how to encourage the emission entities decreasing the emission by an economic and effective way.After reviewing the emisstion trading system itself,the focus of the analysis is changed to the reviewing of the administravive regulation system of China,especially from the two aspects of framework of administrative regulation and rules of administrative regulation respectively.From the first aspect,the framework of administrative regulation systems is builted up at the first stage.From the second aspect,the administrative regulation system of emission trading consists of series of special mechanism,including cap and trade mechanism,allocation of quota,registration of quota,performance,flexible performance,and trading system.The paper analyzes the practices of the administrative regulation system of emission trading in those pilot districts from the aspect of administrative regulation theory of administrative law and acknowledges that the administrative regulation system achieved a certain progress in the building of system and the approaches of regulation.However,the administrative regulation and the trading of emission are stepping into the national wide implementation phase from the pilot phase,therefore,on the one hand,the experiences should be summarized in time,on the other hand,the problems at the first phase should also be abstracted,analyzed and summarized,in order to form any necessary advice for the emission trading applying to the national wide scale.Charpter Two abstracts and analyzes the problems discovered from the three aspects of theory,system and approach.Firstly,from the aspect of theory,the paper thinks the theoretical preparation for administrative regulation is not sufficient,especially on the points of regulation ideal,regulation value,regulation body and the nature of emission trading right-key content of regulation.The existing theories does not analyze and reason clearly and systematically,so it is hard to provide the sufficient theoretical support for the national wide application of administrative regulation of emission trading.Secondly,the problems on the systems are mean those improvements which could be made by resolving the imcompletness of framework,ununifying rules and unclear responsibilities.Thirdly,from the aspect of approach,it means the problems of imcompletenss of disclosure system,low level of technology,and unregulated incentive measures should be resolved.Charpter three concludes that the ideal of combining the administrative governance and market guidance,the ideal of prevention through the whole process,the ideal of technical support should be constitute the ideal theory of administrative regulation system.Secondly,on the point of value,the paper concludes that the value of equality and order should be taken as priority,and the value of freedom and effectiveness should be adjusted by considering the sustainable development.On the point of regulation body,the paper takes advantages of the public administration theory and cooperation governance theory as the supplementary theory to the traditional regulation body theory and concludes that multibody theory should be applied to form the systems consisting of governmental regulation,the third-party regulation and self-regulation.On the point of the nature of emission trading rights,the paper analyzes the emission trading right is a limited and functional private right under the public law framework,and concludes that the nature of public law should be focused when addressing the creation and allocation of quota,and the nature of private law should be focused when address the trading issue of the quota.Charpter Four is from the aspect of regulation system,the paper analyzes the improving the system of regulation,unifying the rules of regulation,and clarifying the legal responsibility to improve the administrative regulation system.On the aspect of improving the system of regulation,the main advices are system improvement,allocation of functions and implementation of procedure rules.On the aspect of unifying the rules of regulation,the advices are unifying rules of allocation,unifying rules of measuring,reporting and verifying,and unifying the rules of performance and trading.On the aspect of legal responsibilities,the paper clarifies the legal responsibilities of emission body and verifying body respectively.Charpter Five is on the aspects of methods of regulation,and the paper proposes the advices and measures from the enhancing the information disclosure,promoting the technical support and specifying the rewards and punishment mechanism.The paper is supposed to complete the task of improving the administrative regulation system of emission trading by proposing the resolutions to the problems from the three broad aspects.