The Legal Treatment Of Compensation Distribution Of Carbon Emission Rights

The carbon emission right is the right that enterprises obtain legally to release the greenhouse gas into the atmosphere environment.Since the Kyoto Protocol,which set up carbon emissions trading in order to promote greenhouse gas emission reduction.Since this new path,a lot of countries and regions around the word have accepted this new reduction model,and then,EU ETS is the most successful example in the word's carbon emissions trading system,as to our country,as a responsible developing country in the world,facing the pressure of the greenhouse effect,we also accept and attaches great importance to the new this path.Our country has opened up a way of paid distribution of carbon emission right in the pilot stage of carbon trading.Since the establishment of the national unified carbon trading market in 2017,the paid distribution mode of carbon emission right has become an increasingly important distribution mode in the initial distribution of carbon emission right.Although at present,the proportion of the paid distribution mode of carbon emission right in China's initial distribution is still very low,in accordance with the law of market economydevelopment,this mode will gradually and steadily be increased in the future.In the context of the rule of law,only by operating in accordance with the law within the framework of legal governance,can we ensure the fair and reasonable initial allocation of carbon emission rights and achieve China's emission reduction goals.This paper consists of four parts:The first part is the introduction.It mainly includes the significance of the topic,the research status of carbon emission right allocation and trading at home and abroad,as well as the research ideas,methods and innovations of the topic.The second part is about the overview of carbon emission rights.In this part,starting from the definition of define the carbon emissions,carbon emissions quota,and the basic concept of carbon emission rights paid allocation,illustrates the carbon emissions and the relationship between carbon emissions quotas,discussed the characteristics of the carbon emissions and its legal attribute,this paper introduces the distribution of carbon emission rights paid specific pattern,analyses the theory foundation of carbon emission rights paid allocation,and from the constitution,laws,department regulations,local regulations and local government rules and regulations for the indirect legal origin and distribution of carbon emission rights paid legal source directly.In addition,the author also analyzes the necessity and inevitability of thelegal governance of the paid distribution of carbon emission rights in this part,laying a foundation for the subsequent discussion.The third part is the domestic and foreign carbon emission rights paid distribution legal governance practice.In this part,the author introduces the legal governance practices of EU ETS and the paid distribution of carbon emission rights in China,and analyzes the achievements and shortcomings of EU ETS and the paid distribution of carbon emission rights in China.Through comparison and analysis of research methods,it is concluded that the domestic carbon emissions paid distribution law in the future should be referred to the EU ETS derive a lot of practical experience in the management,such as: to determine the distribution of carbon emission rights paid accounts for the score phase steady growth,aiming for carbon emissions rates higher paid distribution law documents,by adopting the combination of total amount control and decentralized management paid allocation mode,improve the supervision of carbon emission rights paid allocation and severe punishment measures.The fourth part is the legal governance design for the future paid distribution of carbon emission rights in China.After the third part analyzes the legal governance practices of paid distribution of carbon emission rights at home and abroad and focuses on the experience enlightenment provided by EU ETS for China,this part focuses on thesuggestion and improvement of China's unified carbon emission trading market in the future and designs the specific legal governance of paid distribution of carbon emission rights.In this part,the author firstly made clear the future carbon emissions in China paid distribution law governance objectives,and then around the target specific legal governance design,including: the state council and the provinces,autonomous regions,and municipalities directly under the central government of the carbon emission rights allocation model specific legislation should include what specific content,analysis of how the local departments of carbon emissions trading in accordance with the specification of carbon emission rights paid to distribute specific operation,list of carbon emission rights paid distribution may be different in the process of legal responsibility,discusses the department in charge of carbon emissions and administrative agreement after emissions reduction enterprise how to safeguard their own lawful rights and interests according to law.