China's Carbon Emissions Trading Legal Safeguard Mechanism

Carbon emissions trading is the mainstream of global greenhouse gas emissions. China, as carbon emissions in the world's largest developing country, began to try to trade through the carbon emission rights market to reduce carbon emissions. Since 2013, China has been in Beijing, Shanghai, tianjin, shenzhen, hubei, chongqing, guangdong 7 provinces and municipalities to carry out the pilot work of carbon emissions trading, and during the period of "twelve. Five planning" completed pilot and success. China's next task is to build a nationwide carbon emissions trading market. Although the carbon emissions trading market mainly depends on the role of market mechanism, but in the early market building, how to use legal mechanism to safeguard carbon emission rights market trading activities, contribute to the orderly operation of trading become a problem which needs to be settled.After carbon emissions trading pilot work in our country, has exposed China's carbon emissions trading legal regulation exists regulator technology is not mature, lack of emission reduction verification system operational, such problems as lack of unified inspection standard; In the aspect of legal liability is liability form a single, reduction punishment execution of state-owned enterprises is not strong; In the aspect of legal relief mechanism due to the lack of the legal position of carbon emissions trading behavior nature, which causes the difficulty in relief. According to the above problem, shall strengthen the professional third party audit, strengthen the independence of the verification institutions, through the review process and contents of the legislation for verification institutions; For enterprises to evade supervision and verification is unqualified, can take accountability directly responsible, suspend enterprise carbon emissions, pay the deposit and other diversified forms of liability; Also clear carbon emissions to achieve and legal attributes, such as trade practices on the basis of administrative confirmation, choice of the nature of the administrative licensing behavior such as administrative reconsideration and administrative litigation and other relief way. Only in this way, they can better protect and promote the stable and orderly development of China's carbon emissions trading.