| Recently,with the rapid development of society and economy,a series of environmental issues can not be ignored.At the cost of environmental pollution,severe pollution,high energy consumption,high emission mode of production is used by some enterprises simply to pursue the economic interests,as the result,air pollution becomes more severe.In response to this phenomenon,the Fifth Plenary Session of the Central Committee of the Communist Party of China(CPC)proposed the establishment of a sound use of water,water rights,emission rights,the initial allocation of carbon emission rights concept.Therefore,environmental protection and economic development are not irreconcilable contradictions,the establishment of a sound and effective legal system for the initial distribution of emission rights of air pollutants can provide a solution for the problems of environmental protection and economic development.Compared with the developed countries,the legal system of the initial distribution of the emission rights of air pollutants is not perfect.The construction of relevant legal systems has not yet formed a unified system,and the lack of operability in the specific institutional provisions mainly reflects on the aspects below: firstly,the subject of the initial distribution of legal relationship is not clear,the issue of who have the power to distribute and distribute to whom is not made uniform provisions.Secondly,the distribution disciplines are not clear,the problem of "how to allocate" has not been solved effectively,legislative deficiencies in practice can not be effective in the initial allocation of emission rights,the pilot cities that take the distribution rules are different,which causes the law system as chaotic.Finally,the process of initial distribution lacks a strong supervision mechanism as guarantee and the government supervision and management functions are not clear,while the lack of information disclosure leads to public oversight channel occlusion.In order to ensure that the legal system of the initial allocation of emission rights of pollutants is running smoothly in our country,this paper analyzes the theory of emission rights,enumerates the practice of the pilot areas in China and finds out the shortcomingsof the legal system,put forward the ideas of perfecting our initial distribution system with the help of the advanced theory and practice from the United States and European Union.The details are as follows: first,establish a sound legal system for the initial allocation of emission rights of air pollutants,clear the main responsibility,allocate the distribution rights rationally,expand the accepting subjects of distribution gradually,and bring more industries into the distribution categories,while more types of atmosphere pollutants are assigned into the scope of distribution objects.Second,the development of flexible distribution rules for different regions can be a specific analysis of different issues,select the appropriate distribution rules.Third,pay attention to the role of the market in the allocation of resources,strengthen the ability of government supervision and management,in addition,form a complete supervision system through the protection of public participation smoothly.The initial allocation of emission rights is not only a vital part of the emission trade system,but also an important way to improve the atmospheric environment,however,due to the limitations of science and technology level,coupled with the huge gaps about level of economic development across the country,environmental governance,environmental law enforcement,the implementation of the initial distribution system of national air pollutant emission rights also needs a process.Therefore,only from the basic national conditions of our country,summing up the experience and lessons of the pilot cities,with reference to the successful precedents of the developed countries can we gradually establish a perfect system of initial allocation of emission rights of air pollutants. |
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