A Study On The Legal System Of Government Supervision Of Emission Trading

Emission trading is an important means of using market mechanism to control environmental pollution,which can promote enterprises to improve production methods and technical means to reduce the emission of pollutants by giving environmental capacity property rights and allowing trading.In the emission trading system,whether the relationship between the government and the market can be handled well,whether the market function can be brought into full play,and whether the market mechanism can be made up by the government supervision at the same time,has become the key to the success of the emission trading system.The government’s supervision needs to be moderate,which can neither make the market lose vitality nor order.The degree of government supervision should be regulated by the legal system to guide and supervise the government to perform the supervision function of emission trading market.China has been exploring the emission trading since the 1980 s,and the market scale of emission trading has gradually expanded,but the legal system of government supervision on emission trading is still not perfect.The main content of this paper is to find out the problems existing in the government supervision of China’s emission trading,draw lessons from the experience of the government supervision of the United States,and put forward suggestions to improve the legal system of the government supervision of China’s emission trading,so as to promote the healthy development of China’s emission trading market.The United States is an early country to implement the emission trading system.The system is complete and the practice effect is good.The experience of the development of emission trading in the United States has reference significance for the development of emission trading in China.Based on the analysis of the practice of the government regulation of China’s emission trading,this paper finds the prominent problems of the government regulation of China’s emission trading.Due to the lack of a national regulatory standard for emissions trading,the key issues of China’s emissions data regulation,emissions trading over-the-counter regulation,emissions trading across regions,and the positioning of government functions for emissions trading are lack of strong norms and guidance,resulting in many difficulties in the practice of emissions trading government regulation.By combing the practice of emissions trading in the United States,we can get the enlightenment that there needs to be a national government regulatory standard for emissions trading,which governs the main body,function,division of labor and other aspects of government regulation for emissions trading,so as to clarify the positioning of government function and intervene the boundary of the market.China should promulgate the national laws and regulations on emission trading as soon as possible,which should not be lower than the administrative regulations.In the content design,it should include:clarifying the division of labor and division of responsibilities of the government supervision departments on emission trading;determining the functional scope of the government supervision on Emission Trading;promoting the construction of emission trading market with the government supervision;strengthening the government supervision on emission trading The second is to improve the supervision mechanism of emission trading.As a new means of environmental governance,the government regulation should change the previous order control management mode,limit the intervention of the government public power on the emission trading market,allow various forms of emission trading and the legitimate existence of emission trading derivatives,reduce unnecessary prior review,and instead strengthen the in-process and in-process supervision of emission trading Violations of emission trading laws and regulations should be dealt with in a timely and severe manner,and the emission units that actively participate in the trading and effectively reduce emissions should be encouraged.In order to give full play to the advantages of the market mechanism and improve the efficiency of the allocation of environmental capacity and resources,and to achieve the purpose of giving consideration to both economic development and environmental protection,we should encourage and restrain both.