On Emissions Transactions System And Its Legal Construction

currently, under the scientific development concept's instruction, our country economy and the social development even more pays great attention the environmental protection and the resources reasonable use. How to protect the environment during promotion economic development's not to destroy, has become the important question which Our country Government and the populace faces.Does not need to question that the incumbent party and government's environmental protection policy is turning toward a better direction to develop gradually. But, changes for the better in the environmental protection policy environment, our country's environmental management system and the system inevitable performance hysteresis quality, urgently awaits the system introduction and the institutional innovations. Based on such reality, the educational world starts to explore the new environment government and the protection system positively. In the economy and the legal educational world, the researcher starts to the environment government difficult reality to carry on the resonsideration, simultaneously profits from outside the territory a maturer experience, thought: The current environment government result is not clear, one of reasons is the government has not taken the environment one kind to be possible the capital use economic goods to carry on the right assignment. But it is precisely that this kind of legal property right limits is unclear, has caused to environment this kind of important social resource allocative effects low. In other words, the property rights, the property rights system malfunction creates not the efficient substantial clause. As a result, only clearly defined ownership, it can be through the economic costs of environmental resources to achieve the optimum configuration. It is in this line of thought Law and Economics, under the guidance of trading theories have emerged in recent years and was introduced to our country.It is in this context of study emissions transactions system. Based on the analysis of some of the basic concepts and theories based, have introduced the United States and other countries related policies and legal practice, and then, of China's trading implementation of the project status and the problems on this basis, the establishment of China emissions transactions system started the necessity and feasibility demonstration and put forward specific ideas Construction of the legal system. Outlined some of the main elements are as follows:The first chapter has analyzed the pollution emissons right concept and the legal nature, and briefed the pollution emissons right transaction connotation briefly. Speaking of has the dispute legal nature, this article believed that the pollution emissons right is the environmental capacity right of use, the private right has dual attributes. The pollution emissons right transaction is one kind take the market as the foundation economy and the legal measure, its value lies in through the transfer pollution emissons right way internalizes the environment government cost, thus achieves the environmental protection goal. The second chapter describes the trading in the world headed by the United States and other countries in the application. The United States was the first system to control pollution through the implementation of the air quality before and after contrast to prove that the executive order control system than do its advanced nature. Other countries and regions to follow suit.The third chapter analyzed our country to dump pollutants the rights transaction project implementation present situation and the existence question. In order to solve our country's environmental pollution and the resources waste question, all levels of the government have carried on the positive exploration, has developed some pollution emissons rights transaction practice project. This article carried on to these projects introduced briefly that has analyzed some questions.Chapter IV by economics, law and other theories on China's emissions trading system, establish and perfect the necessity and feasibility of a more scientific, systematic, full demonstration. Finally, the existing legal framework in China, the Construction of the emissions transaction system put forward specific proposals. One of the key problems, including the theoretical basis, the basic principle, the basic system and related systems are involved.