On The Legal Regulation Of The Initial Allocation Of Carbon Emission Quota

Internationally the main international carbon emission trading systems include the EU emission trading system,California total control and trading system and regional greenhouse gas emission reduction actions.The above carbon trading system started earlier and developed more mature.Compared with it,China’s carbon trading system is still in its infancy.In 2011,China decided to launch a pilot carbon trading market,but scholars have different opinions and disagreements on the initial allocation of quotas.In 2014,the national development and Reform Commission issued the Interim Measures for the management of carbon emission right transactions to determine the total amount setting and distribution methods,but no provisions were made on the level of quota supervision.In 2020,the Ministry of ecological environment issued the measures for the management of carbon emission right transaction(Trial)although the supervision has been stipulated,the disadvantages of low supervision and inadequate relief still exist.Moreover,the department law is not only low in rank but also in serious lack of upper law.At the same time,the carbon trading market in China has some problems in quota allocation,such as too loose total amount setting,large free distribution ratio,and the auction ratio needs to be improved.The initial allocation of carbon emission quota is the premise of carbon emission trading and an important link of the trading system of carbon emission rights.There are two stages in the whole trading system of carbon emission right: initial distribution stage and market trading stage.The quantity and quality of initial distribution directly affect the success of the market trading stage,and then affect the realization of the whole carbon emission trading system.Therefore,the construction of China’s unified carbon trading market must pay attention to the initial allocation of carbon emission quotas.The first chapter of this paper will analyze the concept,nature and theoretical basis of carbon emission trading;the second chapter will focus on the basic content of the initial allocation of carbon emission rights quota,including the basic principles,total control,distribution methods and initial distribution supervision of the initial allocation of carbon emission rights;the third chapter will focus on the introduction of the initial allocation method of carbon emission quota in China The current situation of the law system,including the current situation and analysis of the initial distribution law system of the five cities,two provinces and the national unified carbon emission trading market;chapter four will focus on the EU carbon emission trading system,the regional greenhouse gas emission reduction action in the United States,the total amount control and trading system in California,and summarize the experience of the initial allocation of carbon emission quota in Europe and America;chapter five will introduce the carbon emission quota in China The problems existing in the initial distribution of emission right quota include low legal level,lack of upper law,loose total amount setting,compromise to economic growth,ignoring ecological standard,urgent need to be optimized,paid distribution proportion needs to be improved,initial distribution supervision effect is limited,and rescue is insufficient.Finally,the author will propose suggestions to improve the initial allocation of carbon emission quota in China.