Research On Legal Responsibility Of Subject In Carbon Emission Trading System

The carbon trading system,as the mandatory emissions reduction system established by the Kyoto Protocol,plays a decisive role in international climate negotiations.In the secondary market,businesses and individuals can become participants in carbon trading.To solve the problem of climate change,countries around the world have successively adopted carbon emissions trading systems.At present,the major developed countries in the world have established a relatively complete carbon emission rights market,and have formed a relatively uniform carbon quota allocation scheme and pricing mechanism.China has achieved some results since the introduction of this system,but with the change of the international situation,the carbon trading market is also becoming more mature,China’s carbon trading market has gradually revealed some problems.Among them,the lack of effective restraint on the principal responsibility of carbon emissions trading has led to a large number of illegal activities in carbon trading.To this end,the paper will analyze the problems of the carbon emissions trading system in the subject’s legal responsibility and give the corresponding improvement opinions.The corresponding legal liabilities in carbon trading can be divided into two categories: the legal liabilities of the holders themselves,who must comply with their emissions obligations in accordance with the corresponding legal procedures,such as the provision of accurate emissions statements and strict compliance with market trading norms;There is also a category of liability that is shared by participants in the carbon trading market,that is,both parties to the transaction,which includes,inter alia,inadequate disclosure of information and excessive transaction costs.The other is the relevant government departments besides the holder of the emission right,such as possible disputes over the emission right arising from malfeasance or abuse of power.Both types of liability are closely linked to carbon trading.In order for carbon trading to be better implemented,it is necessary to legislate the rights and obligations of all parties involved and the penalties for related illegal acts,so as to better construct China’s carbon trading market.Starting from these two aspects,this paper puts forward some ideas and suggestions on how to construct a perfect legal system of carbon emissions trading.At first,the paper summarizes the carbon emissions trading system,and briefly introduces the concept,characteristics and functions of the system.Secondly,the paper analyzes the regulation of carbon trading order through the implementation of carbon trading,the allocation of emission reduction target and the determination of price of carbon trading right.Finally,the author puts forward some corresponding suggestions for the legal liability in the above aspects,including setting up a unified legal and regulatory system,improving the information disclosure mechanism of the carbon emissions trading platform and strengthening the government supervision.Finally,the paper summarizes the legal responsibility of the subject: for example,the market mechanism adopted by China for the allocation of carbon emission allowances is not mature;Third party monitors the subject and controls the discharge subject to lack of effective coordination,then exerts the due function;Government regulation of the main body of enterprises is not in place.The third part is the necessity analysis of the legal responsibility of the main body of China’s carbon emissions trading mechanism.The different models of carbon trading system at home and abroad are studied.Combining with the situation of our country,a carbon emission trading model suitable for our country’s development is put forward.The purpose of this study is to explore the shortcomings and improvements of the current principal legal responsibility system of carbon emissions trading in China.