The Legal Issues Of Emissions Trading

The environmental pollution become one of the major problems of China’s economic and social development. In recent years, extremely weather and fog haze often appears, the whole city has being ravaged by sand storm, people’s working and living have been affected. Emissions trading system is based on market to protect the environment. Some areas in China began to experiments emissions trading and a lot of researches in the aspect of theory. Our country has not formed a complete system of trade able permits, lacking of timely and necessary legislative preparation. This article attempts to define the legal nature of emission, the initial allocation of emission permits legal issues, and research and analyze the characteristics of emissions trading, and put forward Suggestions to improve the system of emission.In this paper, the second chapter through the theory of public trust and the theory of fairness and efficiency expounds thought of emissions trading emission of owner for the public, the government is the owner of public resources. The third chapter based on the emission is analyzed to determine the nature of the legal attribute of the quasi real right, according to the current legal framework will emission into the real right system is more suitable for its development. The fourth chapter mainly tells the story of the initial distribution of emission. This paper argues that the initial distribution of rights is of vital importance to the configuration problem in initial distribution. Should be allocated to accept subject with the continuous development of emissions trading market and expand. The fifth chapter is on the basis of the first two chapters analyze the emissions trading relations, the legal relations of the emission trading has its particularity compared with general legal relationship. It is a combination of affirmative and affiliated legal relationship, and to clarify the legal issues of tradable permits. Finally based on the former in the face of emission trading law theory analysis, think we should confirm the legal status of emission of the quasi real right, confirm emissions initial allocation principles of fairness and efficiency, especially in emissions trading should clear the role of government.