Improve The Research On The Legal System Of Government Supervision Of Emissions Trading

Since the 1980 s,China has begun to explore the theory and practice of emissions trading,and the emissions trading system has also made some gratifying achievements in the pilot provinces of China,however,due to the lack of uniform laws and regulations on the regulation of emissions trading by the government,the current level of marketization of emissions trading in the pilot provinces is not high,and it has not played a real role in environmental pollution control,the government has problems of different degrees in both emission trading markets,especially in the pilot areas where emission trading is practiced,where local laws and regulations are formulated with distinct regional characteristics,as a result,the key issues of emissions trading,such as data monitoring,initial allocation,trans-regional trading,and the positioning of government functions,are not regulated and guided by national laws.As a result,the current practice of emissions trading is facing the dilemma of government supervision,furthermore,it also affects the function of emission trading system to a certain extent.The author thinks that the problems in the legal system of government regulation of emissions trading are the main reasons that lead to the lack of government supervision subject,the unclear supervision authority,the obvious phenomenon that enterprises are reluctant to sell emission rights,and the low activity of the Private equity secondary market.China should introduce the governmental regulation of emission trading as soon as possible,and the content design should include: making clear the legal status of emission trading,to clarify the legal system of the subject,the scope of authority and the division of power and responsibility of government supervision;to establish the government supervision system of emissions trading;to establish the government supervision system of emissions trading;and to do a good job in the supervision link with other systems.This paper is divided into two parts: Introduction and text.The introduction part mainly explains the research background,research significance,domestic and foreign research summary,research method,innovation and deficiency of this paper.The text consists of five chapters:The first chapter is the theory summary of emission trading.Including the basic theory and theoretical basis of emissions trading government regulation system.In the basic theory is divided into four parts,that is,the basic concept of emissions trading,legal attributes and the concept of government regulation of emissions trading and the main content of regulation.In the theoretical basis,mainly through the "public trust theory" and "market failure theory" two economic theories and "environmental governance theory" to provide theoretical support for the establishment of emission trading legal system of government supervision.This chapter is about clarifying what it is.The second chapter is mainly about the legitimacy and practical significance of emissions trading.The author tries to explain why the government can regulate emissions trading from the relationship between the government and emissions trading,from the role of the government in the emissions trading system,and from the government's regulatory means,government regulation can make up for the shortcomings of the cap-and-trade market itself.The main purpose of this chapter is to answer the "why" question.The third chapter is the analysis of the existing problems in the legal system of government supervision of emission trading.This chapter mainly analyzes the problems of the government regulation system of emissions trading from three aspects: the Legislative Status Quo,the implementation status quo and the typical problems in the pilot areas.From the legislative point of view,the status of emissions trading system in China is not clearly defined by law,and there is no government regulatory legal system on emissions trading.From the implementation of the current situation,China's pilot areas have already formed a major government regulatory model focusing on the introduction of laws and regulations,regulatory platforms and online monitoring,but the focus of the local regulatory model is different in each pilot area,the regulatory system is not standardized.By comparing the practice of government regulation of emissions trading in different provinces,the author finds that there are typical problems of government overreach and weak regulation.This chapter is the most important chapter of this paper,mainly through the problem of finding the perfect countermeasures to find the "bull's-eye."The Fourth Chapter is the experience of foreign governments in the legal system of government regulation of Emissions Trading and the enlightenment to our country.In this chapter,the author draws lessons from the position of the government supervision function of the United States and Germany in emissions trading,and analyzes the main roles of the two countries in the primary and secondary markets of emissions trading,to provide some experience and enlightenment for the government regulation legal system of emission trading.The fifth chapter is mainly for China's emissions trading government regulation of the legal system to improve the countermeasures.Through the analysis of the above issues,combined with the experience of foreign governments in the legal system of government regulation of emissions trading,the author thinks that we should start with the establishment of the legal system,supervision system and supervision system,and put forward some countermeasures to improve the legal system of government supervision of emission trading.In the construction of the legal system,we should first make clear the legal status of the emission trading system at the national level,and then perfect the government supervision legal system of the emission trading system at the national level.In order to solve the problem that the current emission trading regulatory system is "self-governing",we may consider establishing a national level government regulatory agency for emission trading,so as to lead and direct the practice of local government regulation of emission trading.At the same time,distinguish the first and second market of emission trading,and put forward different regulatory system to improve the countermeasures.In the supervision system's consummation,is mainly to the government this supervisor's supervision system.The author thinks that the administrative supervision can be restricted by introducing administrative accountability system,hearing system,perfecting the legal responsibility of the supervisor and exerting the power of public opinion supervision and environmental protection organizations.Finally,there are many environmental protection systems in the field of environmental protection,and it is necessary to consider the connection between the emission trading system and other systems,the author believes that it is mainly connected with emission permit system,environmental protection tax system and carbon emission trading system.The purpose of this chapter is mainly to clarify the question of "what to do".