A Legal Study On The Initial Distribution Of Emission Permits

The emission trading system as a typical case of new institutional economics, from the beginning of the birth has attracted extensive attention of scholars. The system is of concern, because of its upstream to undertake the administrative regulation, the market mechanism downstream promoter. If there is no initial allocation of emission rights administrative main bodies, then there will be no emissions trading market mechanism guidance; on the contrary, if there is no emissions trading market under the guidance of the mechanism, so the initial allocation of emission rights trading emission rights subject unable to increase the social cost of pollution control. Therefore, the academic circle, the emission trading system as to reduce the effective breakthrough point of administrative decision, and introduced it to the legislator’s perspective. The experience of the pilot emissions trading practice over a long period of time, the system has been obtained from the central to local attention, nearly20provinces and cities have carried out or are ready to enter; the State Council issued the "national environmental protection"1025"planning" clearly pointed out, to perfect the emission rights paid to obtain and use system, the development of sewage right trade market. Policy signals are clear, compensated use of emission rights and trading mechanism will become the "idea of total control, environmental economic policy during the12th Five Year Plan" an important exploration field. However, in terms of legal provisions on the system, our country has not yet been issued the national level legislation, construction of.the system is mainly confined to the discussion in theory. From a research point of view, the research on the emission trading problem itself works are numerous, rarely on issues related to the initial allocation of emission rights of public power and private right, the main body and the initial allocation of emission rights system connected to the emission trading, plays a vital role in the emission trading system. In view of this, it is necessary to discharge the relevant legal issues rights initial allocation clear. In the content structure, this paper is divided into four parts:The first part:introduce the general situation of emission rights system from a macro point of view, clarify the emission system, the domestic and international background and current status of development, concept and characteristic of clear emission rights;The second part:the theoretical basis of detailed emission rights initial allocation, the total pollutant control from the definition of the legal nature and emission rights. First, points out that the total pollutant control and initial allocation of emission rights system should be provided by the public law; secondly, the related theoretical analysis on the legal nature of emission rights, considered the legal nature of emission rights with public law and private law. With the above conclusion as the theoretical basis of constructing the initial emission rights allocation system;The third part:to clarify the legal right of the initial distribution system of China’s pollution, concrete expansion from the initial allocation of emission rights system legislation present situation, main problems and distribution point of view, to lay the foundation for the sound legal advice;The fourth part:put forward the legal suggestions to improve the initial emission rights allocation system in China, which are divided into three aspects:first, focus on "initial allocation of emission rights by public law" conclusion, appropriate analysis that, shall establish and perfect the legal system of the initial allocation of emission; the two, clearly define the subject and content of the right of sewage initial allocation of legal relations; thirdly, the provisions of initial emission rights allocation way due to suit one’s measures to local conditions, the rule of law.