Study On Legal System Of China's Emission Trading

Since the reform and opening, China's environmental problems have undergone profound changes. China is in the environmental transformation period of the coexistence of a variety of environmental issues. The solution of environmental problems has a bearing on our national security, international image, and the fundamental interests of the masses as well as the realization of a well-off society in an all-round way. The environmental problem has become one of the most serious challenges of China in the twenty-first century.Traditional theory includes environmental conservation law into the category of public law. So initially administrative command and control approach became the main legal adjustment method of environmental protection. Relying on coercive force of state, administrative command and control approach has a strong severity, has some enthusiasm in response to environmental emergencies, but can not fundamentally solve environmental problems. In the early 20th century, the theory of economic externalities was proposed, which was opening a new vision to solve environmental problems. Two major environmental economic means came into being: the pollution charge or tax and emission trading. The"end"management thought of pollution charge was hard to fundamentally curb environmental pollution problems, so more attention was focused on emission trading.Emission trading is the result of human understanding and reflecting the environmental issues, and is the only alternative to reverse and get rid of the increasingly serious environmental threats. It is clear that the environmental problems are the starting point of emission rights system and the end result. Want to establish the sulfur dioxide emission trading system which is suitable for the conditions of our country in theory, it is necessary to analyze environmental issues and emission right, trading system, the origin of the system to explore the theoretical basis and their generation to discover its essence.The first part of this text is from the environmental problem to study the emission right and trading system and their contents. Emission right is a right to use environmental capacity, the nature of which will be defined as quasi-property right, and this article will interpret it under the private law context. Quasi-property rights are not property of the same title of a single right, but a general term of the rights of different nature. The object of emission right is the surplus environmental capacity, or surplus, idle and off stream of the environmental capacity. Emission trading is essentially trading rights, rather than permit trading.The second part of the text from our existing emission control policy in China, analyzing our country's emission trading status. At present main pollution control policy is pollution charge system which is under the control of total in our country. Through the analysis of the current practice of emission trading in China, the characteristics of emission trading: firstly, through absorbing and referencing many years of foreign legislation, judicature and enforcement of the experience, the legislation idea and supplies of system level have big enhancement in the field of environmental protection in China, which providing legal and system basis for the establishment of sulfur dioxide emission trading system. Secondly, basing on the practice of the pilot work of many years, many feasible systems are making their figures. Once again, China's emission trading still has some problems: the subject is not clear, administrative color thick; lack of clear unified trading rules, and transactions not continuity; existing mix source of trading and less sensitive to price. Finally, can be seen from above, the current system of emission trading on administrative power and the role of market mechanisms in their respective field divisions.The third part is the consideration of the construction of our legal system of emissions trading. First of all, pointing out the necessity of establishing emission trading system. With China's rapid economic development, environmental issues become increasingly prominent, and the existing environmental policy has clearly not enough to solve the contradiction between the economy and the environment. Introducing emission trading system to the field of environmental protection, and coordinating the existing environmental policy, establishing the integrated pollution control policy system provides an answer. Next, on the evolution of U.S. policy of emission trading and analysis of specific provisions, to extract the emission trading system in China for reference. Emission trading is a valuable policy tool, but it does not necessarily address all environmental control problems the best way. To our actual level, the emission trading range in air pollution and water pollution control may be more appropriate. With its unrealistic trading ideas to all areas, it would be better devote effort in a limited range, may succeed. Finally, it has made the improvement of the legal system of China's emission trading. To establish emission trading market, we must first establish a legal right to emit. Emission right in law is a legal basis for emission trading. Advocating the implementation of emission trading first in the power industry, on the one hand is because of the increasing problem of acid rain in China, and sulfur dioxide emission remains high, while the power industry emission volume of sulfur dioxide is more than 50% of total emission. It can be seen if the power industry effectively reduces emission, we can more effectively control the future of China's total sulfur dioxide emission to curb acid rain; on the other hand, the related technology, statistics and monitoring of power industry are more mature as well as the legal basis is more fully.To sum up, China has policy basis, legal basis and technical basis in setting up emission trading system, and the establishment of the system is feasible and necessary in our country. However, perfect legal system of emission trading is a complicated system, not overnight. In order to maintain legal stability and continuity, we should adopt stepwise legislative mode.