The Study On Emission Right Trading Contract System

With the rapid development of industrialization and the highly developed material civilization, mankind is faced with increasingly serious environmental problems. How to protect the environment while promoting economic development has become the important subject for all people. The solution to environmental problems needs to the improvement of related systems. Compared with other environmental regimes, emissions trading system with market incentives, has changed the traditional environment management, which is based on the government to meet the environmental capacity resource. Taking the market as the primary instrument of allocation of resources, emissions trading system can effectively promote the sewage companies consciously to protect the environment and has been recognized in many countries. In China, emission trading is only on the experimental phase in some cities at present. In order to make a formal emissions trading system in China, many scholars pay much attention to this system.Emissions trading system includes an initial allocation of emission rights system, emissions trading contract system, the system of government regulatory measures. Emissions trading contract system should be the core issue of the emissions trading system, because the specific emissions trading implementation needs to be achieved through signing contract. However, most scholars who study the emissions trading system are focused on the field of environmental economics and environmental law and take little attention on the contract system of emissions trading system. In order to avoid duplication of research, this paper which is studied the character and legal relationship of emission trading contract system from the perspective of civil law, is aimed to provide some ideas for the construction of the emission trading contract system.Firstly, this paper introduced the basic theory of emission trading contract system and then analyzed the logic elements of emission trading system based on defining the concept of emission rights and emission trading system. Based on the theoretical research and the practice of domestic and international emissions trading contracts as well as problems of practice, the paper analyzed the emission trading contract system in particular. Secondly, from the different perspective of public and private law, the legal status of emissions trading contracts was studied. From the perspective of environmental law, the emissions trading contract system was a system which the government used the market mechanisms for environmental protection and from the perspective of civil law, the character of the emissions trading contract system was a new kind of civil contract. Finally, from the perspective of the contract law, the paper constructed the legal relationship of emissions trading system and the relevant security system. Furthermore, the legal conformance of the emissions trading contract was proposed in the paper.Constructing the law relationship of emissions trading contracts is different from the general relations of civil law. For example, emissions trading contracts has the purpose of environmental protection law, so the contract exceeds the principle of contract relativity. The government and citizens have the right to supervise the contract to ensure performance of the contract comply with environmental objectives.The legal conference of the emissions trading contract has two steps. On the one hand, we should take some necessary changes for the existing "Environmental Protection Law" and add the stipulation for emissions trading contract system which should be applicable to the requirement of China’s "Contract Law ". On the other hand, we should improve the stipulation of China’s "Contract Law" and increase the relevant provisions of the civil contract environment. The emissions trading contract is one type of the contract.