| Since the Industrial Revolution, global environmental problems have become more and more serious. Humans began to reflect on their own behaviors. Mrs. Carson's "Silent Spring" led to an environmental movement in the 60s last century. Since then many countries began to take action to address environmental problems. Among those environmental problems, climate change is increasingly affecting human life and even human survival. The pace of climate change is also gradually pressing the space of human survival. This issue has caused wide public concern in most cities all over the world. At present, global warming is not only an environmental problem, but also has even turned into a political or economic issues, so it has actually become an urgent issue which affects the world.In order to mitigate climate change, control the greenhouse gas emissions, international communities take every positive measures to deal with it. As a responsible big country, China has been attaching great importance to climate change and has made positive efforts to the issue. Seeking solutions of this problem on legal system level seems significant as people attaches great importance to climate change. This article attempts to analyze one of the many measures species, namely, the measure of carbon emissions trading related to analysis of the legal system, and strive for the modest contribution to mitigate global climate change. Because of our current loss on legal system of carbon trading, and developing countries CDM mechanism may be replaced by the world's "carbon emissions trading" mechanism in 2013 , this article aims to research on the theory and practice of other countries and regional carbon emissions trading system combined with the primary stage of socialism in China's national conditions to make the corresponding advice on the legal system construction and make this new system able to play its due performance and give due legal protection. A standardized carbon emissions trading market can play a catalytic role, and enhance our carbon emissions trading in the international competitive market. The maturity of the system can guarantee China national interests in the international cooperation .The first part of this paper describe the definition of carbon emissions trading and analysis its characteristics and types and clarify the carbon emissions trading system with other similar systems. The second part of the paper describe the carbon emissions trading system status at home and abroad respectively from the respect of China, international and regional carbon emissions trading system. The third part of this paper is the construction of principles which our carbon emissions trading system should follow. These principles are: appropriate intervention of executive power ;coordination of economic development with environmental protection ; openness and fairness; efficiency principles; the principle of strengthening government oversight and the principle of international cooperation. The last part of the paper is the concrete building of our carbon emissions trading system. The construction is from the following aspects: total amount control system for greenhouse gases, initial distribution on carbon emissions right system, pricing mechanism, carbon emissions trading program legal system, carbon emissions responsibility system and carbon emissions trading regulatory regime. |
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