The Trading System Of Emission Rights Under The View Of Law And Economics

Emissions trading system is a typical environmental legal system,the government regulation and market spirit clever into an organic whole,promote the optimized allocation of environmental capacity resources,to seek the balance point of environmental protection and economic development.The emission trading system was born in the United States,and then gradually radiated to the countries in the United States.In the 1980s,the wave of emissions trading spread to China.China's active and open attitude to the trading of emission rights has launched a bold attempt and deepened research.However,after more than three decades of development,the emission trading system has not achieved the expected effect in our country,and the advantages of the system have not been well reflected,and the practice faces many difficulties.In particular,China's emissions trading system mainly faces three difficulties:first,the initial distribution of injustice;Secondly,the market mechanism of the emission trading market is immature,which is embodied in three aspects:price mechanism,competition mechanism and risk mechanism.Thirdly,the legal system of trading emission rights is not perfect.From the perspective of law and economics,the initial distribution of unfair distribution of pollution rights deals mainly involves the game between the government and enterprises,enterprises and enterprises in pursuit of the maximization of their own interests.And emissions trading market mechanisms under the immature of the price mechanism mainly reflects is the government and enterprises as the agent after the measure of the costs and benefits for maximizing their own interests to make the strategy choice;The competition mechanism reflects the imbalance between supply and demand of pollutant emission indicators.The risk mechanism reflects the strategic choice that different transaction subjects make to their own cost and profit by measuring the pursuit of profit maximization.The unsound legal system of emission trading system mainly reflects the imbalance between the inequality and the rights of the law.Based on the above analysis,the improvement of China's emission trading system can be made from the following aspects:first,establish a fair and reasonable initial allocation method;Second,clear the subject and object of the transaction;Third,clearly define government functions;Fourth,to build a diversified public participation mechanism;Fifth,maintain market supply and demand structure stable;Sixth,we will raise the level of legislation on emission trading.