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The Research Of China Carbon Emission Trading Legal Mechanism

Posted on:2013-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:N WuFull Text:PDF
GTID:2246330392454375Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the21stcentury, the most urgent and difficult issue that human beings arefacing is climate change and its impact. The legal mechanism of carbon emissionstrading as the primary means to address climate change is an important part of ourresponse to climate change legislation.At present the domestic and foreign theorists about carbon emissions tradingresearch has more in-depth, but the study and discuss mainly focus on carbonemissions property analysis and carbon emissions trading specific system and rulesdesign, and for carbon emissions trading legal regulation mechanism of the buildingand the research are rarely involved. China as the world’s largest carbon seller, witha huge carbon emissions trading share, but there is no special legal mechanismsystem of carbon emissions trading, thus constructing China’s carbon emissionstrading legal mechanism has great practical significance.Jurisprudential value in carbon emissions trading system for preliminary analysis,and then discussed the feasibility and necessity of build the legal mechanism ofChina’s carbon emissions trading. The market economy is the basic requirement, thedevelopment of market economy in China is gradually improved, which provided thefoundation for carbon emission trading. A wealth of practical experience, a hugemarket potential and the great support of Government lay a solid foundation for thefurther development of China’s carbon emissions trading system; Compared with thetraditional administrative coercive means, the carbon emissions trading system linkedemission reduction tasks and profit to mobilize the enthusiasm of enterprises, raiseup public awareness of independent participation in environmental managementawareness.Carbon emissions trading will also market mechanism, social mechanism andadministrative management mechanism effectively together, prompted thegovernment to play an active and effective regulation and supervision function,which is helpful to realize the transition of the function of the government’senvironmental management, carry out the sustainable development strategy in China,and promote the harmonious coexistence of ecological civilization, and to achievelong-term goal of social and economic development needs.Carbon emissions trading is the premise of successful implementation withsound legal system security. According the practice and experience of the EU and U.S.carbon emissions trading, this article discusses the build of the legal mechanism ofChina’s carbon emissions trading from the point of view of legislation, enforcementand judicial. Clear and definite carbon emissions property ownership is the basis ofcarbon emissions trading system of law, the legislation of carbon emissions tradingshould be clear the legal status of the carbon emissions right and the property right, atthe same time, pay a good attention on the operability. By establishing and perfecting carbon emissions trading supervision system, strengthen the law enforcement processof the responsibility to protect carbon emissions trading law enforcement effect. If thebasic information and right is not known, the right protection cannot survive. Incarbon emissions trading judicial guarantee, should strengthen the carbon emissionstrading information public, guarantee transaction subjects’ right to know. Carbonemissions trading is not only connected with commercial disputes, but also withenvironmental administrative disputes, establish proper mechanisms to settle conflictsand completely legal liability standard to protecting the legitimate interests, all ofthese help to build up authority and public trust of carbon emissions trading system.
Keywords/Search Tags:carbon emission, carbon emissions trading, low-carbon economy, sustainable development
PDF Full Text Request
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