A Study On The Legal System Of Government Regulation For Emission Trading

Environmental pollution has become a major challenge threatening the sustainable development of our country.Breathing fresh air and drinking clean water have become the luxury of our people.In order to alleviate the environmental crisis and achieve the goal of "sky blue,mountain green and water show",China has been constantly studying and practicing,and striving to find effective solutions.In this context,the emission trading system was introduced into China.As a new type of environmental economic means,emission trading system aims to achieve environmental protection.At the same time,it has developed into an important market trading activity,which can effectively alleviate the contradiction between environmental protection and economic development.In essence,the emission trading system is created and implemented by the government.The role of the government runs through the whole process of emission trading.At present,the regulation of emission trading is an important way for the government to participate in the emission trading.The government should actively supervise the emission trading from all aspects,so as to ensure the healthy development of the emission trading system in China.In view of the short implementation time of emission trading system in China and the imperfect construction of government supervision system,there are many problems to be solved urgently.Therefore,it is necessary to study deeply the legal system of government supervision of emission trading.The study of any system should be based on the basic theory of the system.The connotation and theoretical basis of the legal system of government regulation of emission trading is the premise of studying the legal system of government regulation of emission trading.On the basis of defining the concept and legal attributes of emission trading,the concept of government regulation of emission trading is clarified It is recognized that government regulation of emission trading is not only the government's supervision and management of emission trading,but also the government's guidance,regulation and control of emission trading.After defining the basic concepts,this paper defines the contents of government regulation of emission trading,namely,the regulation of total emission amount verification,the regulation of initial allocation of emission rights,the supervision of verification agencies and the supervision of secondary trading market of emission rights.At the same time,it summarizes the theoretical basis for the establishment of the legal system of government regulation of emission trading,including public interest theory,market failure theory and government failure theory.Practice is the only cr:iterion to test truth,and the study of legal system can not be separated from the examination of practice.Based on the current situation of the government regulatory legal system of emission trading in China,this paper combs the relevant legislative norms from three aspects:the relevant laws of government regulation of emission trading,the relevant normative documents of government regulation of emission trading,the relevant local regulations and normative documents of government regulation of emission trading,and takes Zhejiang and Jiangsu Province as examples to analyze the pilot situation of emission trading.It shows the defects of the legal system of government supervision on emission trading,which are as follows:first,the legal system of government supervision is not perfect;secondly,the mechanism of government supervision is not perfect;thirdly,the government administrative intervention is excessive;fourthly,the guarantee measures of government supervision are absent.There are many reasons for this kind of problem,but it is not unrelated to the imperfection of the government regulatory legal system of emission trading in China.From the outside,the United States and the European Union established the emission trading system very early.Through continuous improvement,a relatively perfect government regulatory legal system for emission trading has been established.In view of this,it is necessary to put forward corresponding suggestions for improvement on the basis of China's national conditions,combined with successful experience abroad,in view of the deficiencies of the legal system of government supervision of emission trading in China.Specifically speaking:First,establish and improve the legal system of government supervision on emission trading.We can establish and improve the legal system of government regulation of emission trading by amending the Environmental Protection Law,making principles and regulations for emission trading and its government regulation,formulating special legal norms for emission trading,and making clear regulations for government regulation of emission trading.Second,we should improve the government regulatory mechanism for emissions trading.Including the integration of government regulatory departments and the improvement of government regulatory system,the improvement of government regulatory system can start with the establishment of a comprehensive emission monitoring system,the establishment of a sound online trading platform for emissions trading and the strengthening of ex ante,ex ante and ex post monitoring of emissions trading.Thirdly,we should improve the way of government regulation of emission trading and broaden the channels of regulation.The introduction of third-party verification agencies,the establishment of information disclosure system and the establishment of public participation system are effective ways to improve the government regulation of emissions trading.Fourthly,we should establish safeguards related to the legal system of government supervision on emission trading.It mainly includes the establishment of emission trading credit evaluation system and administrative accountability system of emission trading supervision.