The Legal Study On Emission Trading System

With the gradually establishing of the social market economy system and its increasingly consummation, the market means of distributing resources has become the basic way of social resources collocation. The application of emission trading in the environmental resources collocation, which belongs to a market‐encouraged mechanism, is beneficial to inspire the enthusiasm of the factories, and then promote them to strengthen their management, reform their industrial techniques and adjust their product structures, in order to reduce the pollution emission and gain the economic benefits from the surplus emission permits. At the same time, it is also advantageous to arrange the infected sources reasonable and optimize the distribution of the resources, so that the unification of the environmental and economic benefits can be achieved.In addition to possessing corresponding foundation and condition of application, the emission trading system has applicable necessity and prospects. What we should do now is to bring it into law, and make it rise from policy to law.This article aims to consummate the legislation of this system on the base of reality of our country. The whole article is divided into six parts. The first part introduces the meaning and nature of the emission right and the emission trading, as well as the concerned legislation and experience of this system of our country.The second part discusses the overall control system, which is the foundation of the emission trading. In this part, the writer first introduces the present legislation of our country on this system and analyses the problem of it, then made some suggestions right on this base.The third part discusses the issue of the setting mode choice of the emission trading. After analyzing the three modes of setting of the emission trading, the writer discusses which mode is best for our country according to our situation.The fourth part discusses the issue of allocation of initial emission right. The writer first introduces three main methods of allocation and the practices of European, U.S. and our country. Then she made some suggestions to our country's future legislation on this issue.The fifth part researches the issue of the regulation of the emission trading market and discusses the principal, procedure and supervision of the emission trading.The sixth part discusses the issue of establishment of the supporting systems of the emission trading.