Research On Legal Issues Of Carbon Emissions Trading In China Under The Background Of Carbon Peaking And Carbon Neutrality

In the field of climate response and global governance,carbon peak and carbon neutrality are important measures.As one of the important institutional tools to achieve the double carbon goal,which can promote China’s ecological environment protection and energy transformation.The rule of law can fundamentally guarantee carbon emission trading play a full role.Building a perfect legal framework of carbon emission trading can boost the realization of the double carbon goal.This thesis insists on being problem-oriented,combing and analyzing the current situation and existing legal problems of carbon emission trading in China.Combined with the new era background,this thesis puts forward specific measures to improve the carbon emission trading system.In order to promote the legalization of carbon emission trading,to help the smooth realization of our double carbon goal.This thesis uses literature research method,proportion research method,empirical analysis method and other methods.Based on the current situation and practice of carbon emission trading system,this thesis summarizes the existing legal problems and analyzes their reasons by using legal theories.Combined with double carbon background,this article will give some relevant suggestions.The main contents of this thesis are as follows.The introduction mainly describes the significance of two aspects,including theory and practice,and also describes the research status at home and abroad.The first part analyzes the carbon emission trading system with legal theory.Guided by Xi Jinping Thought on Rule of Law and Xi Jinping Thought on Ecological Civilization.External economic theory,Social Justice theory,Public Goods theory and Coase theory are the guidance.The theoretical logic and legal basis of the carbon emission trading system are expounded.The second part focuses on the operation status and existing legal problems of carbon emission trading under the background of double carbon target,summarizes the practice process from the establishment of trading pilot areas to the establishment of national trading market in China,and analyzes a series of legal problems.It includes four aspects.the low effectiveness of the legal norm system,the insufficient scientific operation rules of the primary market,the insufficient strength of the secondary market regulation and the lack of the overall regulation and supervision mechanism.The third part analyzes the reasons why there are legal problems in our carbon emission trading system,which includes the lack of unified understanding of the legal nature of carbon emission right,the lack of collaborative concept guidance in system construction and the lack of practical basis for regulation and supervision mechanism.The fourth part describes the institutional practice of the EU and the United States,and further gains some enlightenment to our country.In the fifth part,some suggestions on the rule of law of carbon emission trading are put forward.First,we need to improve the legal framework for carbon emission trading and strengthen the effective linkage with relevant legislation.Second,it is necessary to clarify the distribution rules of the primary market and ensure the scientific and rational operation of the system.Third,we should enhance the regulation of the secondary market,strengthen the responsibility of market subjects,and broaden the scope of participants.Fourth,we should improve the regulation and supervision mechanism of carbon emission trading,and the government should use macro-control to correct market failures.