Perfection Of Legal System Of Carbon Emission Trading

At present,in order to deal with the global warming issue and complete the mission of "Kyoto Protocol",carbon trading system,which corresponding to the actual situation of China is still in the initial stage. Therefore,if our country will respond to the mission of Carbon emission reduction in the "post-Kyoto era",we must establish a set of legal system of carbon emissions trading.The tractate will exploration what we should pay attention to the problem when we establish the rules.Firstly,the article analyzed the properties of carbon emissions.Determining the properties of carbon emissions helps us judging the way of acquisition,the subject who exercises the right and the legal responsibility.The author thinks the carbon emission rights is a kind of mixed public-private rights.The carbon emission rights can be thought as a kind of usufructuary right.The company can gain the right by administrative licensing.In other words,the rights must be produced by administrative licensing.Secondly,this tractate analyzed the current situation of carbon emissions trading in China:At present the regulation of our country on carbon emissions trading are mainly the Clean Development Mechanism Project Operation Management (CDM). But when the second commitment period of Kyoto Protocol begins,our country may undertake much more reductions in carbon emissions. The tractate analyzed some problem during process of carbon emissions trading.At last,the article made recommendations for the structuring the Carbon emission reduction:Firstly,ameliorate the subject system of Carbon emission trading. secondly, ameliorate the rule of originally share. The company can get free portion allocations in the short term.Thirdly,establish the market regulatory system.Finally,define the Legal responsibility of the company,egulator agency of carbon emissions trading.