Study On Law System Of Carbon Emissions Trade Of China

Past decade, as the glaciers continue to melt, the rapid rise in sea level, climate change has been included in the international community to focus on the agenda. The international community began to use various means to control greenhouse gas emissions, "the United Nations Framework Convention on Climate Change", "Kyoto Protocol" have established a greenhouse gas emissions trading related systems, countries have adopted practices to make greenhouse gas emissions a detailed and reasonable requirements. With the emission limitation measures in the economic and legal measures have been widely used, the use of the market economy system of regulation of greenhouse gas emissions, came into being, that greenhouse gas emissions trading begins to form. Emissions Exchange contains a win-win advantage in the increasing demand for economic and environmental development in the context of constantly appear, has been a growing number of countries and organizations recognize the business opportunities it began to constantly think from an economic and legal point of view, refining the implication of its economic and legal value, thereby providing a more scientific and feasible economic policies and legal norms, in order to protect a greater extent from the smooth development.Pursuant to the "Kyoto Protocol" provides to China as a developing country carbon emissions by 2012 does not assume the obligation, but the U.S. has refused to "Kyoto Protocol" in the "common but differentiated responsibilities" principle and the current global financial unstable factors such as the impact of the crisis, after the "Kyoto Protocol" difficult negotiations. Held in Copenhagen by the end of 2009, giving us hope at the same time also gave us a great disappointment, the General Assembly did not work out like the "Kyoto Protocol" that a legally binding international agreement, the CDM mechanism in favor of developing a very may be the world's "carbon emissions trading" mechanism instead. By then, developing countries including China should proceed to implement carbon emission reduction obligations.This article discusses the five aspects of carbon emissions in China's legal system construction, the first part describes the basic definition of carbon emissions, nature and characteristics of the carbon emissions made on theoretical analysis. The second part of the carbon emissions trading and the "Kyoto Protocol" that the Kyoto trading mechanism in the three mechanisms. The third part of our carbon emissions trading mechanism to establish the necessity and feasibility, through analysis of these two areas to illustrate the system in our country to establish the time is ripe. The fourth section describes the extra-territorial operation mechanism of carbon emissions and legislative overview, from both static and dynamic description of other countries and regions, the relatively mature system, from which we can establish their own mechanisms for our experience and lessons learned, for example, the total volume control, the initial allocation in bringing enlightenment to China. The last part is about the carbon emissions trading system of the construction of ideas, the main author of this section from two perspective, the first duty of the government, because carbon emissions is a strong sense of public power for private rights It is inseparable from the exercise of state power of the intervention, the construction of government agencies in the system plays an important role; second is the specific legislative building, from the principal object of other aspects of the analysis, from the legal aspects of the operation of a comprehensive regulation mechanism, so that this mechanism can be protected to the maximum extent, the environment, promote economic development.