Probe Into Legal Issues Of Emissions Trading

The purpose of this article the study of the emissions trading system is toimprove the existing environmental law and environmental protection system, fromthe elimination of the environmental capacity external point of view to establish alow-cost emissions trading platform to enable enterprises for pollution control inputsby emissions trading be compensated for the adverse behavior of pollutant emissionson the environment punishable by appropriate penalties, in order to mobilize theenterprise pollution prevention, pollution control positive, improving the quality ofthe environment, protect the ecosystem of a virtuous circle to promote the social,economic, and environmental sustain ability and coordinated development.The research method is through the comparative analysis on the development ofdomestic and international emissions trading rule of law, shows that our necessity andfeasibility of emissions trading legal construction; departure from both theenvironmental capacity of externalities, through a series of deductive reasoning toillustrate to construct an economically viable emissions trading rule of law system, tobe carried out to determine property rights and transaction cost control, in order toachieve the internalization of the externalities of environmental capacity.In this paper, a series of research and analysis on the theory and practice ofemissions trading, environmental capacity and externalities, and explore theenvironmental capacity resources, clear property rights and lower transaction costs isto build the two conditions of the emissions trading market, the sewage the tradingmarket is an effective mechanism to promote the internalization of environmentalcapacity external, and further proposed emissions trading legal System suitable for thedevelopment of China’s political, economic and environmental requirements.