Comparative Study On The Legal System Of Carbon Emissions Trading Between China And The United States

Since human beings entered the industrialization era,greenhouse gas emissions have risen sharply,which has caused a great impact on the global climate system.Carbon trading is a market-oriented way to control greenhouse gas emissions to cope with climate change.If the system can be widely applied and promoted,and market participants have greater flexibility,it can effectively control emissions,so as to achieve the goal of emission reduction as soon as possible.At present,China has officially established a national carbon emission trading market,promising to achieve the peak of carbon emissions in 2030 and"zero emissions" in 2060.China’s carbon emission trading system has basically established a complete carbon emission trading system from 7 pilot projects to the end of the first performance cycle;China has become the largest carbon market covering greenhouse gas emissions in the world.At the same time,many problems need to be solved in the operation.Therefore,in order to achieve China’s commitment to the world,it is urgent to construct and improve the legal system of carbon emission trading in China.In this paper,the United States is chosen as the comparison country because China and the United States are similar in the general environment of carbon emission trading.A comparative study of the legal systems of China and the United States is of practical guiding significance for China to develop the legal system of the national carbon emission trading market.Through the comparative analysis of the quota,performance and supervision rules of carbon emission trading between China and the United States,this paper puts forward the path to improve the legal system of carbon emission trading in China.First of all,it is the path to improve the trading system.According to the existing laws and policies,the basic principles of China’s legislation are established,and based on this,some special legislative suggestions on carbon emission trading are put forward.Formulating the Carbon Emissions Trading Law on the basis of promoting the convergence of policies and laws,and improving the legislative level and quality;Secondly,the path to improve the quota legal system.The coverage of total carbon emission control is defined,and it is suggested that the proportion of paid allocation of quotas should be increased.Thirdly,it is the way to improve the legal system of performance.First,it is necessary to clarify the performance standards,and then improve the performance level by introducing incentives;Finally,the path to improve the regulatory legal system.We should establish a special certification mechanism,adopt uniform supervision standards and penalties,and improve the carbon information disclosure rules.Through the continuous improvement of China’s legal system of carbon emission trading,it will protect the vitality of China’s carbon emission trading market.