The Emission Trading System In China

Environmental issues and human concomitant human from the date of birth inorder to pursue a better life, mankind will seek to accelerate the transformation of thenatural method. Manual labor since the Industrial Revolution to the machinery ofproduction changes, so that enhanced human intervention and the ability to transformnature in an unprecedented manner. At the same time, greed obtained from the natural,any sewage, deepened the tension between man and nature confront an unprecedentedserious environmental problems. Human beings began to reflect and enhanceenvironmental protection.A long time, most of the country’s environmental resources legislation to takeadministrative control means to protect the environment from the results of practice,emergency command and control especially in the legal way to require a series ofexecutive orders measures to improve the environmental qualityquick results, butthere is a serious defect that it ignores the calculation of economic costs andeconomic benefits. The people began to reflect and find efficient constraint oneconomic development and can effectively protect the resources and the environment,emissions trading emerged in this context. The concept of emission rights in somecountries, the United States, represented by in-depth study of the theory and put itinto legislative practice, has made remarkable gratifying results, to achieve the unityof the economic, social, environmental tripartite effect. In recent years, China hasbegun the introduction of emissions trading mechanisms, the implementation of thepilot the pilot, and made some achievements in legislation and practice. Academics onthe attention and launched a positive study. This article discusses China’s emissionstrading system, in the context of China’s construction of ecological civilization,energy-saving emission reduction, localization and constant improvement of theemissions trading system to make a little contribution.The first part: from the concept of emission rights, the theoretical basis of the emission rights, the legal nature of emission rights in three areas to start, made acomprehensive overview of emissions trading. Clear the sewage to define. Afterexternal theory, the "tragedy of the commons, property rights theory gave birth to theideological origins of the emissions trading system. Academic debate a lot ofjurisdictions attribution of emission rights, I thought: the establishment of emissionrights for the special law on property rights, a new type of quasi-property rights-property rights status of the environmental capacity of the right to use and clearlydefined property rights property for our sewage trading system structure is imperative.This section first discusses the emission rights is a real right, it is the object ofenvironmental capacity, although not in strict compliance with the requirements oftraditional property law on the matter, but can be "materialized". With the help ofenvironmental property rights "and" Property and Social Theory "to support this view;and academia on the usufructuary right to reflect the acquisition of rights, the right toobject, the obligations of public law, the rights of content, direction of value, theeffect of a few aspects of emission rights does not belong to the usufructuary. Thelatter has a relative stability and harmony, the creation of new property rights typeshould not be the subversion of the existing system of rights, emission rights as aspecial law is preferable to the quasi-property rights. Finally, it discusses the author’spoint of view of emission rights is a quasi-property rights.Part Ⅱ: discusses the initial allocation of emissions trading a market system. Firstclearly made the basis of emission rights for total control, were introduced to thecapacity of the overall control and the target total control, with the national situationand that we should adopt a gradual and pragmatic approach at this stage should betwo means of total control coexist coordinated application of. After the main body ofthe pollution permits, nature, conditions and procedures discussed China’s permitsystem. The final comparison of the need for paid distribution and the freedistribution of discourse in China’s initial allocation paid.Part Ⅲ: discusses the emissions trading secondary market. First introduced inthis part of the emissions trading characteristics, and then discusses the aspects oftrading the main trading partners, trading area, the transaction procedures, thenegative effects to prevent the construction of China’s emissions trading secondary market.Part Ⅳ: Legislation and Practice of foreign and Chinese, to get some inspirationand reflection.Part Ⅴ: author, based on current legislation and practice, make a few commentson the construction of China’s emissions trading system.