On The Legal System Construction Of Forestry Carbon Sequestration Transaction In China

At present, global warming has become the common problems faced by peoplearound the world, the international community has convened a series of internationalconference on greenhouse gas emission reduction and take a series of positive andeffective measures to protect the global environment. Among them, the forest carbonsequestration trading mechanism as a response to one of the measures, came into beingunder the joint efforts of the international community. Has a very high ecological andsocial value of forest carbon sequestration trading as a new kind of forest ecologicalbenefit compensation. For developed countries, this is a new kind of indirect emissionsway. It has brought unprecedented opportunities and challenges for developingcountries. As a developing country, and the greenhouse gas emissions to address climatechange or to promote the continued development of the domestic economy, thedevelopment of forest carbon sequestration market is necessary and feasible. In the ruleof law in developed countries, a market trading mechanism must have a correspondingtransaction basis, are carried out under the guidance of the legal system. At present,some developed countries have formed a relatively complete trading mechanisms,China, however, has yet to market of domestic carbon sinks included in the adjustmentof the legal system. Due to the lack of policy and legal regulation of forest carbonsequestration market is still very immature. Therefore, the further development ofChinese forest carbon sequestration market, but also as soon as possible to use legalmeans to confirm and norms.The legal system, how to build a regulation of the domestic forest carbonsequestration market is mainly divided into four sections studied. Based on the firstsystematic analysis of forest carbon sequestration trading system, mainly for Chinesecurrent development status of the domestic market of forest carbon sequestration and itsproblems, the situation of our country from abroad has been relatively mature tradingmechanism on the basis of trying to build a sets of Chinese forest carbon sequestration market operation to adapt the legal system.The first part is the theoretical analysis of forest carbon sequestration tradingsystem. This part analyzes the meaning, characteristics, and social value of forestcarbon sequestration trading system. Forest carbon sequestration refers to the use offorest carbon storage function, process, activity or mechanism to remove carbon dioxidefrom the air. Hastened by the International Conference on forest carbon sequestrationtrading system, mainly by the developed countries bear the mandatory emissionreduction mandate by providing financial or technical cooperation with developingcountries to carry out afforestation or reforestation carbon sequestration projects, theresulting project to produce carbon exchange quota set off against their emissionstargets, aims to achieve the protection and improvement of the effects of global climateand environment; forest carbon sequestration trading system with the novelty of thecountermeasures, the policy of mandatory and transaction equality of several features;In addition, forestry carbon the social value of the exchange trading system embodied inits ability to coordinate the development of economic and environmental co-ordination,and create a new way of forest ecological benefit compensation, reflecting the law ofthe principle of fairness.The second part describes the emergence and development of practice for forestcarbon sequestration trading system in the international arena and in our country. Thefirst introduces the background generated by the international community forest carbonsequestration trading system, the international process of development as well as theoperating mechanism on the international market. Kyoto mechanisms (cleandevelopment mechanism, joint implementation, emissions trading three extraterritorialemissions reduction flexible mechanisms), especially in the international operating rulesfor trading in forest carbon sequestration in the Clean Development Mechanism,conditions, and effectiveness are reviewed. Subsequently, the establishment anddevelopment of practice of forest carbon sequestration market, including theestablishment of Chinese forest carbon sequestration market background, the development process as well as specific examples.The third section describes our current legal system of forest carbon sequestrationmarket as well as problems. The legal system, including policies and regulationsenacted by Chinese participation in international forest carbon sequestration trading andthe establishment of the domestic market of forest carbon sequestration and to takesome legal measures. This section highlights Chinese forest carbon sequestration marketsome of the legal and institutional issues, including lack of legal protection andinstitutional design is not complete, and based on Chinese national conditions and leadto the building of the legal system there is some prerequisite disorders.The fourth part describes the trading system of Chinese forest carbon sequestrationperfect countermeasures in the rule of law. On the basis of the successful practice offoreign carbon trading market development experience, combined with Chinese specificnational conditions, proposed to give priority to the establishment of a domestic carbonemissions trading market from the introduction of forestry carbon sinks tradingmechanism for the domestic forest carbon sequestration market development to createspace. Subsequently, mainly describes from the legal relationship of the transactionssubject, object, intermediary service mechanism, as well as risk protection andregulatory mechanisms of specific legislative proposals and institutional vision.