Study Of Legal Regulation Of China’s Carbon Trade In The Context Of Climate Change

The temperature rise of the earth surface, which leads to glacier melting and sea level rise, is thereal cause of the climate disaster. Reducing the emission of carbon dioxide through market system isestablished as the most effective and economical mode to relieve climate change. As the globalatmosphere is united, each country look forward to multilateral treaties to distribute the obligation ofclimate change remission. There are some differences between developing countries and developedcountries. The developed countries are forced to carbon reduction, however the developing countriesdon’t have to reduce. Despite not every county has to devote to carbon reduction, many countries stilltransform the international rules into internal law in order to regulate the domestic carbon reducingaction. Developing country China is, she is not a forced country, nevertheless, she still declares thatChina would like to reduce carbon emission voluntarily during the Climate Change Conference calledin South-Africa. This is to urge the developed country to continue their emissions reductioncompulsory.How to create legal regulation aimed at carbon emission behavior, is a great challenge tojurisprudent. For the moment, we still have some problems in the aspect of legal regulation, forexample, the object of the carbon trading is not clear, the subject of the trading and the right throughthe trading is not defined, the process is not nailed down. Aimed at these problems, the authoranalyzed the International rules and the advanced practice of the EU and USA, and proposed somesuggestions.In order to establish carbon emission trading legal mechanisms in our country, we shoulddetermine a mandatory emission trading system in legal form; and set the aggregate emissionreduction tasks; allocate the plan to provinces and cities; clear the requirements and preconditions ofthe carbon emission trading; the legal status of certification Authorities and its liability; the legal risksduring the trade and the prevention mechanism. All the above problems will be discussed in thisarticle.