Research On Legal System Of Carbon Emission Trading In China

As an important measure to reduce carbon dioxide emissions, the Emission Permits Trade ofCarbon is of great practical value to Chinese economic, social and environmental sustainabledevelopment. The practice in the European Union and the United States shows that theimprovement of the legal system of the Emission Permits Trade of Carbon plays a vital role forthe smooth progress of protecting the Emission Permits Trade of Carbon. However, due to theinfancy of China’s Emission Permits Trade of Carbon, the laws and policies is not quite perfect,therefore, establishing and improving the Emission Permits Trade of Carbon in line with thenational conditions of China’s legal system is particularly important. This article is divided intofour sections to analyze.The first part analyzes the basic questions about the legal system of Emission Permits Tradeof Carbon: the Emission Permits Trade of Carbon is the target to reduce the carbon emission for acountry or domestic enterprises, by buying other countries or other enterprise surplus carbonemission quotas, so as to achieve the fundamental purpose of protecting the environment.International Emission Permits Trade of Carbon model has the project-based transactions and thequota-based trading two modes, according to the two trading modes, the international carbonmarket is divided into mandatory Emission Permits Trade of Carbon market and voluntaryEmission Permits Trade of Carbon market.In the second part, the legal system of Emission Permits Trade of Carbon in the EU and theUnited States was analyzed. The important prerequisite of Emission Permits Trade of Carbon isthe total set and the initial allocation of quota. The European Union and the United States set anupper limit for the carbon dioxide emission, that can not be exceeded. In addition, the Euromainly adopted the method of free distributing in prophase, since the mid-gradually the measuretransformed into a combination of free distribution and auction, at last, auction instead the freedistribution. The United States achieved good results by the quota allocation method ofauction-based and the free distribution as supplement.The third part made an analysis on the practice of Chinese Emission Permits Trade ofCarbon law. At present, the Chinese government has attached great importance on EmissionPermits Trade of Carbon with a number of policies and regulations carrying out. Across thecountry, with the continuous development of Emission Permits Trade of Carbon, in addition toBeijing, Shanghai, and Tianjin which are carrying out the Emission Permits Trade of Carbon, theinstitutions of Emission Permits Trade of Carbon are established mainly for saving energy andreducing pollution in many cities. However, China is a developing country, that improving theEmission Permits Trade of Carbon can not be at the expense of the economy. The development is the top priority, so Emission Permits Trade of Carbon legal system in line with China’s situationshould be formulated in full coordination between the economic development and theenvironmental protection.The specific measures to improve the legal system of China’s Emission Permits Trade ofCarbon were put forward in the forth part. The specific principles of China’s Emission PermitsTrade of Carbon should be established, including national interests principle, the principle of faircompetition, and the principle of promoting the economic, the political, and the environmentalcoordinated development; guided by the principles, the transactions scope of the subject shouldbe clear, which specifically includes enterprise, environmental organizations, intermediaryorganizations and government; the supervision and management of the national administrativeauthorities should be strengthened, and the administrative responsibility, civil and criminalliability to bear for the violation of the laws and regulations should be improved.