Research On The Legal Issues Of Carbon Emission Guaranteed Financing

The concept of carbon emissions trading stems from the concept of emissions trading.Emissions trading is an economic means for market economy countries to deal with environmental problems.It originated in the United States,and the EPA first applied it to air pollution and water pollution control.Since then,Germany,the United Kingdom,Australia have also followed,and formulated the relevant policies and implementation of the emission trading.Carbon emissions trading system is a positive attempt by governments to cope with global climate change by legal means and economic means,to coordinate economic development and environmental protection,so as to achieve sustained economic and social development.Carbon emissions secured financing as the development and extension of carbon emissions trading,is a major innovation in the field of carbon finance,which not only solves the enterprise encountered many obstacles in the traditional financing case dilemma,but also has important significance for energy saving and emission reduction,environmental governance and realize the sustainable development of natural resources.As the law is lagging behind,China's carbon emission guarantee financing is only at the theoretical level,lacking relevant laws and regulations,and lack of perfect supporting measures,which will generate a series of legal problems.Therefore,starting from the definition and operation process of the carbon emission guarantee financing,this paper expounds the necessity and feasibility of the carbon emission guarantee financing,analyzes the legal problems of the current carbon emission guarantee financing,and finally puts forward some reasonable suggestions for improvement.This article is divided into the following four parts.The first part introduces the related theories of carbon emission guarantee financing.First of all,we analyze different theories on the nature of carbon emissions and put forward their own opinions.Then we elaborate the connotation of carbon emission guarantee financing and clarify the guarantee mode.Finally,we introduce the specific operation process of carbon emission guarantee financing.The second part from the necessity and feasibility of two aspects of carbon emission guarantee financing.The necessity analysis mainly from the enterprise itself and the national policy to allow on carbon emissions secured financing for enterprises to revitalize the capital,the prosperity of the market economy has positive significance;feasibility analysis,startingfrom the environmental law of carbon emissions and the basic principles of the department law basis,that carbon emissions are secured financing is feasible in theory and system.The third part mainly analyzes the legal problems of carbon emission guarantee financing.Based on the carbon emissions of secured financing,we can find the following problems,including carbon emissions secured financing lack of relevant legal basis,carbon emissions guarantee publicity has not yet been achieved clear,carbon emissions are the guarantee real risks,carbon emissions supervision mechanism is not perfect financing guarantee etc.The fourth part is the rationalization proposal for the legal issues mentioned above.The first clear attribute of the carbon emissions of the property right,be included in the scope of the object of the right of pledge;secondly pledge publicity through clear carbon emissions,a qualitative description of carbon emissions;again through the establishment of the nature of the compensation fund,with the establishment of professional commercial insurance,the establishment of litigation procedures to improve the carbon the implementation of emission right guarantee financing mechanism;finally,through the construction of carbon emission rights guarantee financing supervision mechanisms to achieve the quota management system,carbon price limit and carbon leakage supervision and design of China's future carbon emissions secured financing operation process,so as to better regulate the Carbon Asset guarantee financing risk prevention and control system,promote the harmonious and stable carbon financial market booming.