| At present,China’s market economy which is the state of rapid development.The environmental pollution problem is becoming more and more serious,which seriously threatening human health and living environment.Emission rights are the right of the polluter,and in order to use such special resources as environmental capacity.Emissions trading is an effective means of using market regulation to make polluters aware of the economic benefits.It can reduce environmental pollution and pollutant emissions.This paper uses literature research method,comparative research method and empirical research method to analyze the China’s emission trading system.Based on the theory of emission rights trading,environmental rights theory and legal value theory,the necessity of constructing China’s emission trading system were explored deeply.Moreover,it points out that the construction of emission trading system should adhere to the national conditions of China.The basic principle is to analyze the current situation and existing problems of this system.In order to further improve the theoretical study of China’s emission trading system,the rules can provide the guidance for the improvement of pollutant discharge system.In the study of the emission trading system,it clearly points out the necessity of the nature emissions trading.At the same time,in the process of perfecting the system,we must adhere to the principle of development priority,the principle of coordination efficiency and fairness,the principle of information disclosure and the principle of long-term mechanism.By analyzing the current situation of China’s emission trading system,it is believed that there are some unclear legal attributes such as emissions trading,the unclear target of total emission trading,the unreasonable initial distribution of emissions trading,and the lack of effective supervision in the trading market.The problem is caused by the backward concept of pollution reduction,the regional differences in economic development and the complicated structure of the regulatory system.By summarizing foreign experience in governance of emissions trading systems,we draw lessons from China.Finally,we put forward some thoughts on improving China’s emission trading system.By studying the aspects of clarifying the legal attributes of emission rights,the emission control system of emission rights can be improved,the initial allocation of emission trading system can be coordinated,and the market management mechanism of emission trading can be enhanced. |