The Study Of Legal System Of Carbon Emissions Trading

With the rapid development of China's economy in recent years,more and more environmental problems have appeared.The problem of global warming is more and more serious,restricting the development of social economy and affects the progress of human civilization,the climate carbon emissions caused by too much more and more can not be ignored,so as carbon emissions trading system,construction of carbon emissions trading system is not only conducive to protect the environment,can also increase social benefit and economic benefits.Hubei,Guangdong,Shenzhen,Beijing,Tianjin,Shanghai,Chongqing,the seven carbon emission rights pilot set up for our country to establish a unified national carbon emissions trading market provides practical experience.In 2016,the national development and Reform Commission issued a notice that the carbon emission trading system should be launched nationwide in 2017,but there is no corresponding laws and regulations to regulate it.After summarizing the deficiencies of our current regulations and practice experience,learn from the advanced system and legislation mode of overseas,the establishment of China's carbon emissions trading legal system put forward some improvement suggestions.This paper is divided into five parts:The first part is to discuss the significance and writing background of this topic.From the theoretical and practical significance of the perspective of China's carbon emissions trading legal system of the significance of the topic,in theory,the "Kyoto Protocol","United Nations Framework Convention on climate change" and the"Paris agreement" signed for the construction of China's carbon emissions trading system provides a legal basis for our country carbon emissions trading system was started,laws and regulations are not perfect,establish and perfect our country's carbon emissions trading legal system is imperative.In practice,at present,China has seven carbon emissions trading pilot,for the establishment of a unified national carbon emissions trading market laid the foundation.This part also introduces the current research status at home and abroad,and provides the basis for the construction of carbon emissions trading in china.The second part is a general overview of the legal system of carbon emissions trading.This part mainly introduces the concept and legal nature of carbon emissions,the current studies about the legal nature of the carbon emissions of the understanding is different views,the author expounded his views.This part also introduces the concept of carbon emissions trading and carbon emissions trading,emissions trading mechanism,namely IET joint implementation mechanism of JI and the clean development mechanism of CDM,China's carbon emissions trading is carried on under the clean development mechanism.This part also introduces the theoretical basis of carbon emissions trading,Kos theorem,externality theory,sustainable development theory,the economic basis of carbon emissions trading is the Kos theorem and the theory of externality,carbon emissions trading is based on the theory of sustainable development of society.The third part introduces the current situation and experience of the EU and the United States carbon emissions trading legal system.With the European Union and the United States as the extraterritorial representatives of the carbon emissions trading system,this paper introduces the legislation of the foreign carbon emissions trading.The United States and the EU carbon emissions trading legal system started relatively early,at this stage of development has been relatively mature,and is currently the world's carbon emissions trading system represents the most typical,careful study of the United States and the EU carbon emissions trading legal system,the advanced analysis of European and American legal system of carbon emissions the transaction,have a profound learning significance for the construction of China's carbon emissions trading system.The fourth part mainly analyzes the current situation and problems of the legal system of carbon emissions trading in china.This section introduces the development of China's carbon emissions trading legal system,the status of China's carbon emissions trading market,as well as the existing legal provisions.On the existence of China's carbon emissions trading legal system,the author firstly analyzed from the angle of legislation,the legislative level is not high is the main problems existing in China's carbon emissions trading legal system,and then from the specific provisions of carbon emissions trading legal system and regulations of existing problems.In the last part,the author puts forward some suggestions to improve the legal system of carbon emission trading in china.From the legislative level of carbon emissions trading legal system proposed,from the specific provisions of carbon emissions trading system has put forward suggestions for improvement,but also on the carbon emissions related system puts forward suggestions from micro to macro to China's carbon emissions trading system and puts forward improvement suggestions.This paper mainly adopts comparative analysis and inductive analysis method,compared to China and the EU,the U.S.carbon emissions trading system,the United States and the EU carbon emissions trading system is currently the world's most advanced system,in-depth analysis of the United States and the EU carbon emissions trading system.The system summarizes their disadvantages,on the basis of absorbing the advanced experience of the European Union and the United States,summed up China's carbon emissions trading system's problem,for our country to establish a comprehensive carbon emissions trading legal system put forward the improvement suggestions.