| In order to control the serious environmental problems, based on the research of the Coase theorem and the theory on property right, many countries have conduct a new exchange of emissions and such exchange has not only covered traditional domestic emissions of SO2 and COD, but also extended to the global Greenhouse Gas emissions.This paper will start from the legislative purposes of the emissions trading system, take the experiences of the United States, the European Union and the United Nations as the representatives, carry out a comparative analysis of the legal systems to explore the different legal models designed to achieve the purpose of emissions trading, and take the result as an reference to the establishment of related systems in China. Combined with existing Chinese legal basis and practice, this paper will also analyze the legal and practical problems which may be met and need to be avoided, and finally bring forward a legal model for the emissions trading system in China. In this legal model, the system shall be based on the features and legislative purposes of emissions trading, and achieve environmental protection and economic efficiency as dual objectives by enactment of laws.This thesis is composed of four chapters. The first chapter is the brief overview of emissions trading, including its emergence and the status quo, and then I describe the economics basis for emissions trading. In chapter two, for the legal issues of the emissions trading system, I analyze the jurisprudence issues of the emissions trading system and find the dual purpose on legislation of the system. I also give a brief introduction of the polluters pay principle and pollution discharge fee levy system, as well as the total control principle and emission permit system - the basic legal system of emissions trading. Chapter three uses the experiences on emissions trading systems of United States, Europe and international emissions trading system as examples, analyze and compare their purposes of legislation and legal models. By analyze and evaluate current legislation practice in China, the fourth chapter proposes specific legal model of emissions trading system to China. |
