Study Of The Legal System Of Emission Trading

As we know, the environmental problems become increasingly serious and the traditional ways to deal with environmental problems become useless, in order to achieve their environmental goals, countries begin to seek for economic stimulations to control pollution and improve environment quality. Therefore, today the emission trading system has become one of the hotpot issues of the Environmental Law, and it has got some achievements. This system also has a special significance to our country. Traditionally, there is a strong tint of executive-led order in the environmental protection of China, along with the development of China's socialist market economy, the environmental protection would also introduce the market mechanisms, and the emissions trading system can be said to be a new environmental protection system which has the most colorful market mechanisms.In 1968, the concept of "Emission trading" was first said by professor John ? Dell Sri Lanka from University of Toronto, and its main idea is that the traditional environmental management has no measures to encourage enterprises to protect the environment except the government intervention. If the market can be set up, enterprises will find that as long as they reduce the pollution effectively, they can trade with enterprises which emit more pollution so that they can obtain financial gains. The extensive application of such a market philosophy can be more effective in reducing pollution and more conducive to economic development than the traditional command - control government-led mode. The United States is the earliest practitioner of emissions trading system, after years of exploration and practice; it has achieved good economic results and social effects. From the nineties of last century, China began to learn from the United States about the emissions trading system. Some pilots have been made in many areas, and it has achieved some good results. However, comparing to the America, there are still many problems to be solved to make the system widely used in China.Mainly, there are five parts in this paper.The first part is an overview on the emissions trading system. First, it maintains the theoretical basis and practical background of emission trading systems. It points out the strong theoretical basis and practical necessity of the emergence and development of the system. Secondly, it analyzes the emission rights and the emission rights trading system. By analyzing of the concept of emission right, it is defined as a kind of usufructs. At the same time, the analysis of the concept and characteristics of emissions trading also points out the advantages of emissions trading system.The second part is about the design of emissions trading market. According to different standards, the market is classified into different levels. The emissions trading markets are divided into the international market and domestic market, the primary market and the secondary markets. then has a further analysis about the composition of the emissions trading market design elements, that is, the main body of emission trading, target, regional, methods and procedures.The third part is the analysis of the development situation of emissions trading system abroad, such as the United States, Japan, Canada and Germany. And it offers some enlightenments on the environmental protection work of China.The fourth section describes the operation of emission trading system in China. It has gone through the past 20 years of emissions trading practices, and summed up the characteristics of China's current emissions trading in practice. Although many years of practice have achieved good results, but there are also many problems which can not be ignored, and there is still a long way to go for the broad use of emissions trading system.Part V describes the shortcomings of China's emission trading system, and it offers some strategies. As an "import", since it has been introduced to China, the emission trading system lacks of acclimatization. There are many difficulties in the legislative, institutional, market economy and technological conditions. By analyzing these defects, this section proposes a strategy to improving China's emission trading system. However, because of lacks of knowledge and capacity, there is still a need to have further study.