The Legal Study Of Emission Trading

In resolving the issue of external environment, the economical method can have the bigger benefit drive mechanism and the efficiency elasticity compared to the administrative method, and can internalize the environment exterior cost into the production cost. Thus, to use economic means to be the general trend in the implementation of environmental policies. The economical method function lies in through fixing a price to the environmental resources, with external costs relating to environmental pollution and the use reflected completely to in enterprise's production cost, urges the enterprise to make economical decision which is most advantageous to the environment based on the benefit maximization consideration.Emission trading system is an environment economic system which has attracted various countries' attention in recent years. Its guiding ideology is to stir environmental resources with " the invisible hand" of the market to achieve the environment benefit and the economic efficiency unification and the environment legislation goal of sustainable development. Its appearance changed the traditional environment management scale in the formula sole government to intervene the idea, had the enormous operation potential. Especially accompanied by the entry into force of the "Kyoto Protocol", this method has become a global environmental protection criterion. Therefore, it has become a urgent matter for Chinese government to be familiar with the operation of emission trading..This article utilizes the comparative law and the law economic analysis method to explore emission trading system .It mainly elaborates the social background of the emergence and development of emission trading system as well as the promoted process day by day, and analyzes the theoretical origin of the system from economics perspective, meanwhile in profits from the experience of western developed countries and in light of China's specific conditions to analyzethe necessity and feasibility of an emissions trading system to be establish in our country, Specifically explores the legal matter that must be resolved in the establishment of emission trading system.