| It is an indisputable fact that the greenhouse effect has a negative impact on the environment.The international community has to face a long-term issues about how to respond to climate change effectively.The system of nternational carbon emission rights trading arises from "the United Nations Framework Convention on Climate Change" and the "Kyoto Protocol".And that is a result of the international cooperation with a maximum effciency and cost reduction features to maximize.However,there are some problems on carbon emission rights trading system,including the uncertainty of total carbon emission rights,distribution plan is unknown,the compliance mechanism is not perfect and so on.These problems lead carbon emission rights trading to deviating from the first mind of greenhouse gas emission reduction and becomeing a means to financial gain gradually.The pursuit of emission reduction system is greatly weakened.Therefore,we must make systematic improvement to the international legal system of carbon emission rights trading as soon as possible.Research methods used in this paper are literature research,regulatory interpretation,comparative studies and case analysis,it is divided into five chapters to discuss the theme on the improvement of carbon emission rights trading system for the legal system.The first chapter starts with the concept of carbon emission rights and elaborates the theoretical basis of economics,law and legal relations and attributes,the contents of the historical evolution about carbon emission rights.And it focuses on analysing the maximum advantage of carbon emission rights which can make a high emission at low cost.Then the article discusses the quasi usufructuary right attribute of carbon emission rights and some legal relationship with it.The second chapter describes the status of the international carbon emission rights trading system and the related problems,the international carbon emission rights trading legal system has many problems,including the lack of carbon budget,allocation of carbon emission rights scientific unknown,and there are different understandings on "the principle of common but differentiated responsibilities"etc.Based on these problems,this chapter analyzes the causes of the trading system problems from historical and contemporary perspectives.The third chapter demonstrates the feasibility on the improvement of carbon emission rights trading system from theory and practice.Carbon emission rights trading legal system has the basic shape in theory.The EU Emission Trading Scheme has provided successful experience for the international carbon trading system in practice which can be used in the transplantation of law.The fourth chapter is the main part of the paper.This part is combined with the presence of carbon emission rights trading system and puts forward a systematic idea of perfecting system.As the guidelines premises we focus on solving problems about the responsibility of emission reduction of carbon budgets,the allocation scheme of carbon emission rights and other issues.Then this chapter takes advises such as detailing compliance mechanisms,improving compliance mechanisms and specificating the carbon trading market.The fifth chapter discusses the enlightment which legal system for international carbon emissions trading brings to China.Combined with Chinese national conditions,we propose ideas of how to improve the Chinese carbon emissions trading legal system,and hope to promote the development of low-carbon economy. |
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