Research On Legal Problems Of Water Pollutant Emissions Trading In China

Environmental capacity resources as a scarce natural resources, in today’s society increasingly reflects their ecological value and economic value. However, due to environmental property rights are not clear and public goods of environmental capacity resources, environmental capacity resource optimal configuration can not be reached through the traditional means of market economy, severe environmental degradation and environmental pollution. Highlights the inability of traditional command-control the means of administration in dealing with the complex environmental issues, while the emissions trading as a pollution control strategy, it is in total pollutant control the means of market regulation under the premise of scarce environmental capacity owned optimal allocation of environmental management. It is a new way of thinking to solve environmental problems, the country widely used. China’s emissions trading practice relatively late, in particular, the scope of the pilot water pollutant emissions trading is also very small, so the theory and application of this very practical significance.The thesis is divided into three parts. The first part is the basic theory and practice of water pollutants emissions trading. First, two chapter describes and analyzes the theoretical basis of the status quo of China’s water resources and environment and water pollutants emissions trading scheme, discussed from the point of view of private law the environmental capacity the right to use property attributes, and so to define the basis for the definition of emission rights the concept of emission rights and water pollutants, and focuses on the characteristics of water pollutant emissions trading emissions trading scheme different from the general. The third chapter describes the practice of a national emissions trading. Elaborated by the two-stage U.S. emissions trading scheme, Evolution of the emissions trading system and practice in the United States; then is the history of China’s emissions trading practice, the Taihu Lake in China was introduced at this stage water pollutants in sewage overview of the development of trading. The second part of the initial allocation of water pollutants emission rights trading. Chapter total control theory and the initial allocation theory analysis, study of emission rights allocation model, future emission rights allocation model to make the default. Chapter V of the establishment of the secondary market for water pollutant emission rights framework. The five premise established trading market, the composition of the six principles and market, including transactions subject transaction object, transaction intermediaries and emissions trading banks; subsequently studied from the point of view of the civil contract water pollutant emission rights transaction contract, I hope to learn from the civil contract theory in the case of the absence of relevant laws to regulate the emissions trading. The third part is a water pollutant emissions trading regulatory regime, comparing the legal regulatory, administrative supervision, the respective advantages and disadvantages of the industry regulation and public supervision, to provide a reference for our emissions trading regulatory regime.