A Study On Emission Trading Legislation In China

Resources and environmental problems have always been accompanied bysocio-economic development. Economic development and environmental pollution seems tobe a pair of twin brothers. Environment not only offers material conditions and space forhuman beings，but also must bear a variety of pollutants produced by human activities.Environmental pollution problems need to be solved urgently in the process of moderneconomic development. With the gradual maturity of Chinese market economic system,experience in resource allocation becomes more and more mature through market means.Emission trading system is the typical way to solve environmental problems througheconomic means. Emission trading system not only stimulates enterprises to improveproduction technology and reduce the emission levels of pollutants, but also it helps tomaintain and improve environmental conditions, which achieve both economic andenvironmental benefits.This thesis is written by methods of concept explanation, logical reasoning andcomparative analysis. It makes further study into a range of issues related to emission trading,which focus on the emission trading legislation. It is hoped that it may be helpful to establisha sound legal system of emission trading in China.This thesis is divided into the following five parts.The first part of this essay describes the basic theoretical issues related to emissiontrading. It introduces the concept and nature of the emission rights, the concepts and featuresof emission trading, and Theory of External, the Coase Theorem and other theoretical basesthat related to emission trading. Finally, it indicates the superiority of emission trading bycomparing with other environmental protection means.The second part of this thesis introduces the practical experience and legislation ofemission trading in American. The United States is the birthplace of the emission tradingsystem and it gradually establishes its own legal system of emission trading. And thus becomeby far the world’s most successful country in emission trading. Our country should adapt thepractical and legislation experience from the United States to improve the emission tradinglegal system.The third part of this thesis analyzes the experiment and implementation of emissiontrading in China. It carefully elaborates some of the problems encountered in the emission trading implementation in China in recent years. And after this, some reasons are analyzed.The fourth part of this thesis gives the idea of legislation construction about emissiontrading, according to the detail introduction of the emission trading experience in the UnitedStates and the analysis of the actual situation of Chinese emission trading. The first section ofthis part introduces the basic principles of the legislation. In the second section, we propose tobuild and improve some of the legal system that related to emission trading. In the finalsection, we propose to develop administer method of emission trading, including thetransaction participants, transaction contract, transaction procedure, transaction intermediaries,legal liability and relief measures.The fifth part is the conclusion of this essay. Emission trading has been carried out just afew decades from its beginning. In practice, many obstacles are inevitable. Therefore, somemeasures should be taken to perfect our country’s emission trading.