A Legal Study On The System Of Carbon Emissions Trading In China

In recent years, China has experienced a large-scale fog and haze, making China the hardest hit by environmental pollution. Since entering the era of industrial civilization, the impact of human activities on the climate is continually increasing, causing a significant climate change featured by global warming. In order to control greenhouse gas emissions, the international community has taken various positive measures to deal with. "United Nations Framework Convention on Climate Change" and the "Kyoto Protocol" are the results of global efforts. Meanwhile, the 21 th United Nations Climate Change Conference was just concluded in Paris and the "Paris agreement" was successfully adopted, the international community has already taken practical action concerned with climate issues."Kyoto Protocol" provides three flexible mechanisms to fulfill their obligations, and one of them has produced the international carbon emissions’ trading market, statistics show that carbon emissions’ trading volume is possible to replace oil as the world’s largest traded commodities in the future, so we can see the importance of carbon emissions trading. However, at present, China has not prescribed a national law for a carbon emission trading, so when accelerating the establishment of a national carbon emissions trading market, the policy should be converted to the legal construction.The paper can be divided into five parts:Chapter one is the introduction part, it mainly deals with the background and significance of the topic and raises the issue of carbon emissions trading. At present our nation has more than 100 environmental exchanges according to the administrative divisions, but the absence of a national law has led the lack of practical operability, so the paper will concentrate the Yangtze River Delta as a pilot region, trying to explore the feasibility and necessity in order to promote to a nationwide level.Chapter two will analyze according to the theoretical basis of carbon emissions trading, including the legal basis and the legal principles of international law, specifically exploring the producing basis and theoretical principles of carbon emissions trading market.Chapter three introduces the legal construction of China’s carbon emissions trading system, as well as Yangtze River Delta region. This chapter is based on the previous chapters, combined with China’s actual conditions, it defects the disadvantages and measures to improve the legal issues related to China’s carbon emissions trading system from a macro point of view.Chapter four discusses the construction of a fantastic trading system built by European Union and the United States. This chapter discusses their respective experience in systematic design and analysis, which is viewed as a reference to build China’s carbon emissions trading system.Chapter five constitutes the innovation of this paper, its content is basing the reality of the Yangtze River Delta region, discussing the construction of a carbon emissions trading market of the Yangtze River Delta, as well as legal issues which are covered. It aims to explore from the microscopic point of view to construct measures and specific programs of a carbon emissions trading system.In summary, this paper starts with the perspective of international law, economic law, environmental law and other legal issues for the carbon emissions trading system in order to arouse a widespread concern from the whole society, we want each related subjects to overview the legal channels for solving climate change crisis and then assume the obligations of emission reduction commitments in the international community.