| Government supervision of emission rights trading refers to the supervision and management of the entire process of emission rights trading by the government in accordance with relevant laws,regulations and policies,and the supervision and regulation of trading activities in the secondary market.Since the introduction of the government supervision system for emissions trading in the 1990s,my country’s pollutant companies have taken the initiative to save energy and reduce emissions,which has alleviated my country’s environmental crisis to a certain extent,and has helped to achieve overall economic and environmental protection development.In the context of the international advocacy of climate and environmental governance and the domestic adherence to green and low-carbon development,my country proposes to gradually promote the emission trading system nationwide in order to achieve the vision of "carbon peak in 2030 and carbon neutral by 2060" as scheduled and promises,this has established a higher standard and higher requirements for the supervision of the Chinese government’s emission trading system.In view of this,it is necessary to in-depth study on how to improve the government supervision legislation of emission rights trading,in order to provide protection for the government’s supervision of emission rights trading activities through legal means.In order to improve the legal system of government supervision of emission rights trading,give full play to the positive effect of the emission rights trading system on environmental protection.In accordance with the thinking of "theory-norm-reality",on the basis of what should be and what should be,norm and reality,this article discusses how to improve the value position and system construction of the government supervision legislation of emission rights trading from the following four aspects:The first part is an overview of the government’s regulatory legislation on emissions trading.Introduce the prerequisite concepts of emission rights trading and government supervision of emission rights trading,redefine the meaning of government supervision legislation for emission rights trading,and analyze the theoretical basis of the government’s supervision of emission rights trading activities.The second part introduces the current status of legislation and practice of government supervision of emissions trading in my country.Sort out the relevant regulatory legal documents on the government supervision of emissions trading at the national and local levels,and focus on comparing the two departmental regulations of the "Administrative Measures for Carbon Emissions Trading(for Trial Implementation)" and the "Interim Measures for the Administration of Carbon Emissions Trading".The differences in the content of supervision,trading institutions,and verification institutions,etc.,introduce the current state of legislation on government supervision of emissions trading in my country.It is precisely because these normative legal documents provide legal support and policy support for the government’s supervision of emission rights trading that the emission rights trading system has achieved outstanding results in my country’s environmental governance work.Introduce the achievements and problems encountered in the practice of government supervision of emissions trading.In the course of practice,various pilot areas in my country have established different types of emission trading institutions and innovated a new model of government supervision of emission trading.At the same time,in practice,problems such as the blurring of the boundary between government supervision functions and market mechanisms in the transaction process and the imbalance of supply and demand in various regions due to the limitation of the transaction market in the local administrative area have also emerged.The third part analyzes the problems and reasons existing in the government supervision legislation of my country’s emission trading.On the basis of sorting out relevant normative documents,combined with the practice of pilots in various places,analyze the problems and their causes in my country’s government regulatory legislation on emissions trading.my country’s government supervision of emissions trading has problems in the legislative system,such as the lack of relevant specialized laws,and the fragmentation of local legislation has led to large differences in regulatory content across regions;in the content of legislation,there is a lack of coordination and communication mechanisms between government regulatory agencies,and the paid distribution of emissions rights.Under the supervision of government pricing methods,the positioning of the emission trading platform is vague,and the government supervision and punishment mechanism is weak.The causes of the problem mainly revolve around the contradiction between the national legislative planning and the actual demand for emission reduction,the lack of holistic thinking between the national and local legislative work,and the imperfect government supervision system for emissions trading.The fourth part is the suggestions for perfecting the government supervision legislation of emission trading.The legislative activities of government supervision of emission trading must be based on the principle of government supervision service market mechanism and the principle of the whole process of government supervision of emission trading.In response to the problem of imperfect legislative system,relevant laws should be revised to improve the legal effectiveness of government supervision of emission trading.The legislature formulates local laws and regulations and local rules for improvement;in response to the problem of imperfect legislative content,through the establishment of a coordination and communication mechanism between government regulatory agencies,the establishment of a market mechanism-based government pricing and paid distribution rules,and a reasonable positioning of transactions Institutional functions,strengthening of penalties for companies in breach of contract,etc.were improved. |
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