Research On The Legal Problems Of Emission Trading In China

China’s market economy is increasing at a full speed while the attendant environmental pollution is becoming increasingly serious also. Environmental pollution not only severely restricts the pace of China’s economic development, more importantly, has begun to threaten our health and our environment for the survival of future generations. Permits are polluters for environmental capacity of this particular resource use rights. Emissions trading system is the use of the means of market regulation, by allowing polluters to reduce emissions to give themselves aware of the economic benefits, making it a proactive reduction of pollutant emissions and effective means. With the continuous development and progress of industry, environmental community to bring a lot of pressure. Emissions trading system embodied the great superiority. Externality theory, the theory of tragedy of the commons, all these theories provided emissions trading system a rich theoretical basis.Our emissions trading practice first began in the 1980 s. But that is just a simple way to deal with their particular area of pollutant emissions was getting along. Until the 1990 s, scholars began to study emissions trading theory. Since 1991, China has accumulated a wealth of experience, but also see a lot of flaws from these experiences. The most prominent problem than the lack of legislation and law enforcement supervision ineffective. By comparison, the United States began in the emissions trading study in the 1970 s.We could learn a lot from both theory and practice. Such as the implementation of "Acid Rain Program" was very successful. The practice of combining our experience with the United States for China to establish reasonable proposal is consistent with the actual situation of China’s emissions trading system. With the implementation of the law our country needs to make a change in the following areas :(1) Establish emission trading legislation;(2)Solve the embarrassing situation of law enforcement and oversight;(3)Given the strong bilateral practice mad contrast.