Research On China's Carbon Emissions Trading System

The establishment of Carbon emissions trading system is an effective exploration of human's active respond to the growing global greenhouse effects, and it is the first time that humankind launch legal system to explicit national's responsibility of energy saving and emission reduction. Carbon emissions trading system realizes a win-win situation by promoting global emission reduction and creating economic benefits simultaneously. In the driven of European Union's domination of carbon emission trading system framework, carbon emissions trading market also matures gradually. Thus the bringing of huge economic and environmental benefits attract more and more countries and regions involved in this system. China as a greenhouse gas emissions power and a contracting party of series international convention of greenhouse gas emissions reduction, should speed up the domestic carbon emissions trading system construction. While Chinese carbon emissions trading system's construction have to correspond with the mainstream of world carbon emissions trading market, it also should be suit China's national conditions, and avoid the conflict between institutions. Full text is divided into five parts, each paragraph is as follows:The first part firstly introduced the era of carbon emissions trading system come into being, namely greenhouse gas emissions caused serious environmental crisis, and become a growing threat to human survival, therefore by the international community efforts, carbon emissions trading system theory basis come into being: the UN framework convention on climate change determined a series of basic principle of the measures countries combat climate change; Kyoto protocol explicit the six kinds of greenhouse gas ,which are need to be reduced by members, and set a greenhouse gas reduction's caps goals and timetables for countries in appendix one; The Marrakesh Agreement provides a more detailed instructions and supplements for carbon emissions trading's implementation and advances some concrete operating rules, make carbon emissions trading system from theory to actual reality. The Kyoto Protocol formulate carbon emissions trading mechanism which include Emission Trading, Joint Implementaion and Clean Development Mechanism, they are carbon emissions trading's specific forms. Secondly, the paper figure the right atrribute of carbon emissions trading in law, and made a accurate definition of the concept of carbon emission rights and carbon emissions trading system in legal angle, which laid a theoretical foundation for carbon emissions trading system construction.The second part mainly expounds the necessity of carbon emissions trading system's construction of China. Although our country currently does not have mandatory obligations , and the next round of climate conference negotiations could be a unusually slow progress, but China does with international standards, establishing carbon emissions trading system is necessary in the long run. Due to security shortage from related system, our country's carbon emissions trading develop relatively slowly at present, transaction institutions on the market engaged in the carbon emission deal was not substantial meaning of carbon emissions trading , and compared with international's mature market, there is still a big gap. In order to grasp the development opportunities of carbon emissions trading, we have to build the system which conforms to China's situation. The necessity of carbon emissions trading system's construction are as follows: domestic is facing a serious environmental crisis; non-renewable energy is on the verge of exhaustion and becoming a threat to energy security; the economic model at present requires external environment to push transformation; tremendous potential of international carbon emissions trading market ; to deal with the possibility of international trade barriers and "carbon tariff" ; the needs of positive participate and mastery of the carbon emissions trading regulations brigade.The fourth part introduce the international main carbon emissions trading market and the mode of their system. Mainly include the world's most mature EU carbon emissions trading mechanism at present, and American carbon emissions trading mechanism which is undering construction but emphasize the function of market mechanism, and Australian's New South Sales Plan which is a regional greenhouse gas emissions reduction has already achieved good effect. The different system of these countries plays very good demonstration reference to China's carbon emissions trading system construction. According to the mechanism, the author make a implementation of carbon emissions trading's general procedure, and by comparing the different system with the basic system of marrakesh agreement, make the interpretation of carbon emissions trading system.The fifth part, the author put forward the concrete idea of China's carbon emissions trading system's construction with great length. Firstly, the National People's Congress legislation and legal status raisen are needed to avoid the conflicts from different laws; Secondly, we should ensure the basic principles of carbon emissions trading to guide the foundation of carbon emissions trading system, which include transparent and open, equality and voluntariness, approval and supervision. Clarify the legal attribute of carbon emission rights, and laid the legal foundation for the specific transaction of carbon emission rights; establish initial allocation method of carbon emission rights which is suited to China's national conditions; determine legal subject qualification of carbon emissions trading , and clarify the rights and obligations of each party; clarify the risks at every phase of carbon emissions trading and the measures to control the risks, Finally, clarify the liability of each party, to ensure that the rules of carbon emissions trading system can be observed.