On Environmental Capacity To Use The Trading System

Right to use environmental capacity is distributed to users in form of emissions permit and the emissions permit can be traded as a commodity on the market, this has be called a trade system of right to use environmental capacity. The trade system of right to use environmental capacity was firstly brought forward as a kind of economist means used in environmental management by environmental economist. It was confirmed as a legal system. The trade system of right to use environmental capacity succeed in American, it has been a great innovation in use environmental policy and a key tool for sustainable development. Our country starts the pilot project of the trade system of right to use environmental capacity, too.Recently, the economic of china developed very fast. Pollution control is the key limit of sustainable development in china. Kyoto Protocol came into force on February 16th 2005. The question was paid attention to again. The Right to use environmental capacity has been adopted by many countries because of its effectively alleviating the contradiction between the economy development and the environment protection. In China, the solution of the environment problems need The Right to use environmental capacity and China has the foundation on establishing the system of The Right to use environmental capacity. While the market economy of China is not very perfect, the system should be carried out gradually which means it should co-operate with other economic instruments, especially with the Emissions Charge. For this reason, this paper discusses the legislation of the trade system of right to use environmental capacity in our country. By using normative analysis, positive analysis, environmental economic analysis and so on, the author attempts to make a preliminary study on the basic theory of the trade system of right to use environmental capacity, the legal nature of right to use environmental capacity.The paper is composed of five parts as follows:Introduction part is the summary for the current academic research on this system and the analysis of concept of it, Some people called it emissions permit or the emissions permit, but the author think: the trade system of right to use environmental capacity is a kind of choose to internalize the outside of the result economic activity.ⅠThe Legal Nature of Right to Use Environmental Capacity The trade of right to use environmental capacity is a dynamic obligation that naturally...