Study On The Legal Issues Of The Initial Allocation Of Emission Rights Trading In China

This paper studies the legal issues related to the initial allocation of emission trading in China,which is divided into four parts.The first part of this paper studies and explores some concepts of initial allocation of emission rights,including the concepts involved in the process of market trading,which lays a certain foundation for the following work of initial allocation of emission rights in China;at the same time,it further explores the issues needing attention in the process of initial allocation of emission rights and the principles to be followed.The second part elaborates on the present initial allocation mode of pollutant discharge rights.The principles of the initial allocation are different in different places.It is these different modes that cause great differences.In this paper,various modes in the initial allocation are analyzed in depth,and the allocation mode adopted in our country is also elaborated in detail.The third part focuses on the analysis of various problems during the initial allocation of emission rights in our country,such as the lack of rationality in allocation of distribution rights,the single initial allocation criteria for different industries,the lack of a clear definition of the legal nature of China's emission rights,and the insufficient guarantee of fairness in the initial allocation.At present,the biggest limitation in the initial allocation of emission permits in our country is that there is no sound system.The fourth part of this paper gives detailed suggestions based on the problems during the specific allocation period.Firstly,we should set up special regulations for the initial allocation of emission permits,so that people can realize the nature of the allocation of emission permits,and identify the emission permits as private,which can better establish the initial allocator of emission permits.The second is to improve the initial allocation model of pollutant discharge rights in China and to determine and improve the specific allocation method.As the legal nature of pollutant discharge rights is defined as the nature of private rights,the main mode of allocation of pollutant discharge rights is to further use public auction to play the role of market mechanism and strengthen the rotation of pollutant discharge rights.The third is to rationally allocate government administration in consideration of the main body of environmental administration.Institutional authority,standardize the functions and responsibilities of government administrative bodies,use market mechanism,and make appropriate use of administrative compulsory power to strengthen the initial allocation of pollutant discharge rights;fourth,implement real-time supervision throughout the process to complete the allocation of pollutant discharge rights.