| Since the German sociologist Ulrich Beck put forward “risk society”,modern society has been recognized as a typical risk society.There are variety crisis that led by environment problems,in nearly seven and eight years,smog and haze has became more than regional significance,it has even been a national significance that had been solved urgently:environmental migration,escaping the beijing tianjing hebei,the low quality of life,bad environment bring a series of question,such as public health,productive development.Beijing Tianjing Hebei region and Yangtze river delta region of the coal-fired power capacity are more than 130 million kw,and they were about 13 times and 26 times of the western region.Whether fighting against global warming or curb environmental pollution,we all need to focus on carbon and energy issues,and use the conception “energy conservation and emissions reduction”and low carbon development to cope with climate change.In narrow view,it seems to be equal to a question that “economic development or good environment”.But if we want to stop the process of industrialization,we should face the stagnation of the economic development and the shortage of public goods provided outside,even a big problem--employment.We can imagine that it will lead to a same result that reform of state-owned enterprises lead to,tens of thousands of workers will have to laid-off.Obviously it can no longer simply understanding for a question that choose development or environment.So actively participating international environmental cooperation and learning the advanced adjustment methods has been a great way to solve the current problem.Through the study and draw the lessons from the same conditions and policy of carbon emissions trading system with China,begin to gradually build complete mature carbon emissions trading system in our country has become a proposition.On the one hand,the distribution imbalance coped by the rights of the uneven distribution will directly affect the sustainable development of economy,then lead to the environmental level distribution of crisis,on the other hand,maldistribution,distribution of anomie or disorder may also affect right and ability distributing,then lead to the unfair and unjust problems on legal and social level,therefore influence the legality and sustainability of distribution,finally distribution crisis occur on legal and social level.Whether reventing and responding to environmental crisis or making the environment and economy develop favorably and interact actively is all need a regulation according with the principle of rule of law and attaching to spirit of rule of law.So fair principle,efficiency principle in economic law must be emphasized and run through the regulation.Pay attention to policy means and legal means,and through the policy and legal to efficient allocation rights or power,affect the distribution elements and the weights,to optimize the structure of distribution and solve the problem of unbalanced distribution.At the same time,strengthening the legal adjustment to solve the problem of distribution or incompletion of disorder.In this paper,we first comb the question in the process of carbon emissions initial allocation,and then draw lessons from the European Union,the United States of California and Japan Tokyo to analysis the mandatory emission initial allocation system in our country from the path of public law,to build the legal ratchet that is from the current free distribution to the paid transition,this will promote control line of technology innovation and the internalization of environment cost on the development of enterprises,and it is good for government to built the forcing mechanisms to solve the question such as power rent-seeking and opaque local finances. |
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