Research On The Emissions Trading System In Legal Studies

Since the industrial revolution,the environment problem has increasingly become the focus of the world.The federal environmental protection agency(EPA)starting in the 1970 s,“emissions trading”shall be used to control environmental pollution and has achieved unprecedented success.It was a great benefits for social.After the United States,Germany,Britain and other countries are following America’s example to carry out the practice of “emissions trading system”,enrich the content of “emissions trading system”,obtained the further development of emissions trading system.The system of the United States,Germany,to the construction of the “emissions trading system”.Such as to establish a perfect “emissions trading” of the legal system,implementation of total amount control system,and so on.In the 90 s,our country also started to trade permits allowing pilot work,also to have the innovation in the pattern,such as“emission mortgage model”,“emission of network electronic bidding model” and so on.It has obtained the good social effect.This paper discusses the problems existed in the emission trading in China.First,for example,for our country no sound legal system for protection of tradable permits.Second,as a system of tradable permits drainage of the total quantity,the premise of how to determine a matter of debate.Third,the initial distribution of emission rules is not sound,the market is not mature,the market mechanism,government function positioning and regulatory system is not sound,lack of technical support and so on a series of problems of tradable permits.However,to establish a to ensure fair competition,promote the trade between businesses,consider surrounding the polluters of the citizen’s legitimate rights and interests,and help in governance in environment of“emissions trading system” is not easy,need to take a long-term view.According to the above problem,this paper put forward the perfect and establish “emissions trading system”of the solution,make the sustainable development of the system in our country play a role in the roads.For example,in establishing a good emissions trading system should consider the following factors: to build China’s legal system of emissions trading,pollution-discharge right trade mark,transaction,transaction procedures,etc;The price of emissions trading;The government’s macro management of emissions trading,determine the corresponding supervision system,standardize the primary market and secondary market,strictly control the initial emission permits trading volume,reasonable and fair distribution and fully build specification emissions trading market.