Research On Legal Issues Of Emissions Trading

At present,the direction of my country's environmental reform is to build a system of environmentally diverse and co-governance governance.my country is paying more and more attention to the diversification of the main body of environmental governance,and the emission trading system is an important system to realize that both enterprises and the public become the main body of environmental pollution control.The emission trading system emphasizes the main responsibility of the enterprise,which has changed the previous government as the sole governor of environmental pollution.A reasonable construction of the emission trading system can promote enterprises to become active participants and self-regulators in environmental pollution control,and can be positive through market mechanisms.Encourage enterprises to take the initiative to take the social responsibility of environmental pollution control.The implementation of this system is an important measure to promote the construction of an environmental governance system with multiple and co-governance of the environment.Therefore,it is particularly necessary to study the pollution trading system based on the trend.My country's emission rights trading began to be explored locally in the 1990 s,and it was not until 2007 that the country issued a document to officially confirm the pilot.At present,most provinces and cities in my country have carried out emissions trading.However,the economic and environmental conditions of various regions are different,the operating history of each region is different,and the operating level is also uneven.Trading markets,trading institutions,and trading rules,Transaction supervision and other aspects.Therefore,this article attempts to demonstrate the connotation,legal attributes and theoretical basis of emission rights,and puts forward its own opinions,sorts out the practical development path of emission rights trading,and forms a comprehensive understanding of the development of emission rights trading.On this basis,according to the actual operation of the system,this article proposes the following basic issues: The existing emission trading system has a low legal level and an imperfect legislative system;the market division of the emission trading market is unscientific,and the government's coordination mechanism is lacking.As a result,the size of the trading market is small,cross-regional trading becomes a difficult problem,hindering the implementation of the market mechanism;inaccurate positioning of the nature of emissions trading institutions,inaccurate functional positioning,and inaccurate market positioning,resulting in trading institutions not serving enterprises well in the market The emission rights trading rules have insufficient flexibility of emission rights and lack of competitiveness in transaction prices,showing serious administrative intervention,which violates the original intention of the emission rights trading system;there are problems such as untrue and incomplete monitoring data in the supervision of emission rights trading.,The lack of public supervision of the behavioral norms of the entities involved in emissions trading has led to a lack of external supervision,which is not conducive to the long-term effective development of the system.Then,this article attempts to put forward specific suggestions for these issues: in the short term,continue to improve local legislation in the trial process,upgrade the legal status,enhance the operability and systematization of the rules,and improve the national legislation when the legislative conditions are mature;Watersheds and pollution prevention zones are the standards to redefine market divisions,build regional coordination mechanisms,realize the construction of cross-regional legislation and coordination departments,and break the constraints of administrative regions;build storage and lending mechanisms to break through the insufficient flexibility of pollution rights.Provide conditions for enterprises to enhance their ability to respond to market instability.In addition,set upper and lower limits of transaction prices to return prices to the autonomy of the enterprise;cooperate with third-party monitoring agencies to ease the pressure of government monitoring and improve the efficiency of supervision and administration.Third-party corporate environmental credit evaluation agencies cooperate to include emissions trading and other behaviors to increase social pressure on enterprises;in addition,improve the public participation system so that the public becomes a fair and just external monitor of emissions trading,with minimal Social cost to achieve the goal of environmental pollution control.This paper uses diversified research methods,using basic knowledge of environmental law,economics and other disciplines to elaborate on the legal issues existing in emissions trading,and innovatively proposes to redefine market division standards,build storage and lending mechanisms,and design Set the upper and lower price limits,cooperate with third-party institutions,clarify specific recommendations such as the positioning of trading institutions,and continuously improve the system,try to build an emission trading system that conforms to the market mechanism and does not deviate from government supervision,and promotes a pluralistic environmental governance system Construct.