Construction Of The Emission Trading System In China

Chinese and foreign environmental protection in recent decades proved that relying solely on administrative controls means the government can not get the desired effect, driven by economic interests of enterprises to consciously take the initiative to pollution reduction initiative is very limited, so make full use of emissions trading and other economic instruments in the United States, gradual rise of the European Union. Through emissions trading, emissions of pollutants companies can obtain economic benefits, the government realized the protection of the environment and economic development win-win situation. This paper argues that in a certain region of emission rights, the total amount of emissions does not exceed the environmental capacity of the premise, the sewage discharge unit permits issued by the Government to obtain indicators of sewage discharge of pollutants to the environment, the rights of sexual rights is an administrative license, sewage trading after the object is to reduce emissions targets.Chinese current emissions trading is still in its infancy, Jiangsu, Zhejiang and other provinces, municipalities take the lead in the sewage system permits and emissions trading legislation, but because of lack of national level laws and regulations, local legislation have concerns, the development of the legal hierarchy lower emissions trading scheme of the main obstacles to wide dissemination of the legal system is not perfect, the lack of legitimacy of the legal protection of trade. Drawing on U.S., EU and other developed countries the experience of emissions trading after the legal system, this paper presents the construction of legal system, the idea of emissions trading. National People's Congress in the revised "Environmental Protection Act" to establish a valuable environmental resources and the principle of compensation for the use for this type of emission trading instruments to promote environmental protection with economic way to establish the legal basis, and in the "Water Pollution Prevention Law," " Air Pollution Prevention Law "amendment to the provisions of emissions trading system in principle. The State Council as soon as possible, "Discharge Permit Management Regulations", to encourage various localities in emissions trading, the establishment of a national emissions trading market. China's provincial and municipal people's congress to actively use the local legislative power, refer to the former State Environmental Protection Administration announced the "Discharge Permit Management Regulations" (draft), the introduction of local "Discharge Permit Regulations" as the local laws and regulations, the Government in accordance with the first establish a market re-establish order in the secondary market to develop "management approach of major pollutants emissions trading" as the government regulations, the implementation of emissions trading for their respective areas to provide legal protection.