Research On The Legal System Of Initialallocation Of Carbon Emission In China

2021 is the first year of the official launch of national carbon emission trading in China.The initial allocation of carbon emission is the premise of trading,which involves the balance of interests of all parties and is the premise of the successful operation of the carbon emission trading system.Therefore,the initial allocation of carbon emission is of great importance.In order to improve the initial allocation of carbon emission,it is necessary to form a special initial allocation legal system,perfect the initial allocation method and supervision mechanism,and promote the development of carbon emission market.This paper is divided into four parts: The first part starts from the basic theory of the initial allocation of carbon emissions,explores the concept and legal attributes of carbon emission rights and carbon emission quotas,and analyzes the initial allocation system from the perspective of economics and law.The second part analyzes the current situation and deficiencies of each pilot project in China.The main defects include low level of legislation,lack of legal nature of carbon emission rights and quotas,inconsistent rules of preliminary allocation,and weak operability of regulatory system.The third part is about the content,evaluation and enlightenment of the initial quota allocation of the carbon emission trading system of the United States and the European Union.The fourth part puts forward some suggestions to improve the initial allocation system of carbon emission quota in China from the aspects of improving the legislative level,clarifying the nature of carbon emission right and its quota,the rules of initial allocation and the supervision mechanism.