| Since the industrial revolution, increasing greenhouse gas emissions caused by human activities, global warming growing problem, it raises a series of change, deterioration of the natural ecology, environmental system; the negative impact should not be underestimated. There is no doubt that climate change issues has increasingly become the focus of the international community.Climate change issues concerned human destiny, how international cooperation within the framework of progressive resist, solve various problems caused by the deterioration of the environment, requires countries to close and long-term cooperation. In1922, the United Nations Conference on environment and development adopted the United Nations Framework Convention on climate change, the greenhouse gas emission control has been "period" and "limit" principle provided; in1997, the Parties adopted the Kyoto Protocol to the Convention, was initiated of greenhouse gas emissions trading system for countries to work together, sharing responsibilities has pointed out the way forward to reduce greenhouse gas emissions. While developed and developing countries over how to share the responsibility, to meet their obligations based on position selection there is a sharp contradiction, it is certain is that before and after the Copenhagen Conference in2009, each of the major countries have announced to2020emissions targets or the platform for action, showing the strengthening of international cooperation, and common a strong political will to address global climate change.Efforts of the international community through a complicated and long and negotiations and reached a number of multilateral legal framework agreement, the establishment of a number of regional greenhouse gas emission rights trading market. Among them, EU emissions trading scheme， United States of regional emissions trading systems, Japan’s voluntary emissions reduction system， India energy efficiency certificate trading scheme is to some extent for other countries to establish and improve the emission rights trading system provides an important reference. China need comparison extraterritorial mode of mature experience and practices, combination itself situation, and summary domestic has some emissions right trading pilot run data, spirit seeking truth from facts, and independent innovation of principles, balance itself as developing countries, and are is social transformation period and economic social development does not balance, and population many, special national conditions and history background, exploration out a has China characteristics of, and suiting measures to local conditions of, and meet national overall and long-term interest of emissions right trading market system.Through the analysis of current emissions trading operation situation in our country， this discovery the existence of at least emissions trading law lag (clean development mechanism and the implementation of the existing conflict of the administrative licensing law of cohesion), and total amount control of contradictions between economic growth, issues such as emissions trading market irregularities. And future in China emissions right trading of system design, at least need:further clear emissions right of legal status, and for total control legislative, and construction reasonable of emissions right indicators distribution system, and implemented unified of emissions license system, and strengthening emissions right trading of regulatory and nuclear card; in cultivating emissions right trading system should specially notice trading time, and trading main and object, and trading regional and way, and emissions right indicators of reserves, and trading of registration and accounting, elements.A new implementation of the measures must be approved through the law and in the implementation of programs, institutional guarantee to actually run, effective. In China has in air pollution control method under, and water pollution control method under, legal regulations in the provisions has sewage license system and the total control system, for future of emissions volume right trading legal system perfect lay has must Foundation, but these provisions is more slipshod; some pilot area also is groping and developed to method sexual regulations tried to will emissions right trading standardization, and institutionalized, but on overall effect,, in national legal level Shang, and no culvert enclosed main more wide, and effect grade higher, and Within the broader purposes of the laws or administrative regulations (even, national laws have not yet standardization and unification of "emissions trading" concept).Therefore, China’s emissions trading system for the construction of the urgent need for national legislation to be sure.Therefore, for in China greenhouse gas emissions right trading existing problem (especially which of legal problem), in reference extraterritorial mature experience and system arrangements of Foundation Shang, combination specific national conditions, this article on in China greenhouse gas emissions right trading of legal system construction and perfect for has exploration, research and design has emissions right trading of basic system framework and the specific trading system, and the discussion emissions right trading of regulatory system, problem. In addition, this article also proposed to establish a relatively complete system of emissions trading should at least contain the trading hours, trading, trading, and transaction and object specific elements such as regional and trade-an essential element in its emissions trading legislation in the future. |
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