|
Emissions trading system was first proposed by U.S. economist Dales, after the U.S. Federal Environmental Protection Agency for the governance of air pollution and water pollution, as the system is implemented in the United States to obtain a significant effect, Germany, Japan and other countries. have emissions trading legislation and practice, and achieved certain results. 1999 Environmental Defense emissions trading and formally introduced into China, China has commenced in more than one place of the emissions trading pilot accumulated some valuable experience, but also encountered some problems. The first part of the analysis of the emission rights. First, through the analysis of the environmental right, leads to the emission rights, I believe that emission rights are the rights of a child under the Environmental Rights It is the essence of the emission rights is the right to use the environmental capacity. Went on to say that \More polluting point derogatory, is an unlawful act is an act beyond the environmental carrying capacity. Certainly emission rights, the author of the characteristics of the emission rights, emission rights category, emission rights nature of the discussion that sewage ownership usufructuary right areas. The second part of the emissions trading system and its theoretical basis. First departure from some domestic scholars on the introduction of emissions trading point of view, pointing out the meaning of emissions trading. Second, we discussed the theoretical origin of the emissions trading system, introduces the \feasibility and reality; From our present reality, analysis of the reality of the emissions trading system to guide the ideological foundation. Communist Party Congress, we propose a people-oriented, comprehensive, coordinated and sustainable development of the scientific concept of development, the construction of environment-friendly, resource-saving society, as an important environmental and economic policies --- sewage trading system is in tune with the requirements of the scientific concept of development, with a strong practical significance; analysis of the legal value of the emissions trading system basis. Equity and efficiency are the two basic legal value of the emissions trading system is based on the economic means to stimulate enterprises to reduce the amount of sewage and make full use of environmental capacity resources, both reflect the value orientation of fairness and efficiency. The third sub-emissions trading legislation and practice in China and the United States were compared. First practice and legislation for emissions trading to the United States for example, describes some of the specific system of emissions trading policy, such as bubble policy, cancellation policy, bank policy, analysis of the advantages and the effectiveness of the Emission Trading System; followed by time the main line of the legislation and practice of China's implementation of the emissions trading system; Finally, in the basis of the above analysis, China and the United States the legal status of the emissions trading system, the implementation of the implementation of the results, conditions, means of propulsion differences compared four aspects, in order to lay a solid foundation to build emissions trading system in line with China's national conditions. The fourth part in the process of analysis, combined with the theoretical basis described above, the need for the implementation of the emissions trading scheme in China from the effectiveness point of view, from a condition point of view the possibility of China's implementation of the emissions trading scheme. First pointed out that the system has a unique economic benefits, social benefits, environmental benefits, the allocation of environmental resources, the total pollutant control, environmental quality control, macro-control play a positive role, and demonstrated effectiveness point of view of implementation the necessity of the emissions trading system; followed by positive rational conditions of China's implementation of the emissions trading analysis, specifically addressed a useful exploration and practice of the emissions trading system in China, such as cap-and-permit system for pilot and implemented a wealth of practical experience, high efficiency and low cost stimulation, these positive conditions the possibility for us to build the system. The same time, I also put our country in the process of implementation of the system in the presence of some of the negative factors, we need to build in the system and be face to solve specific practical aspects, which is also based the completion of the last part of the paper made a contrast and bedding . The last part of the author of the emissions trading system build was made by analysis and reflection, need to address several important aspects and key links to start from the system, and strive to build and improve the system by grasping the principal contradiction. Focus thinking and analysis of the following aspects: first determine the basic principles of the emissions trading system, such as cap-and concentration control principle of combining the principle of autonomy, pollutants principles of reporting and registration, government regulation principles; Second, we must legislation, emission rights and emission trading system and and proposed legislative mode of the system; Again, according to the pilot of emissions trading in China, focusing on analysis of several key issues to be addressed in the construction of the system, such as the initial emission rights allocation problem, the main body of the emissions trading, types of problems, the total control problems; Finally, I believe that, if the emissions trading system in my country of · smooth implementation and widely spread, but also must establish and implement emissions trading system supporting a series of environmental and economic policies, such as green taxes, green capital markets, to motivate and drive the implementation of the emissions trading system, through the establishment and improvement of these systems, so that the system and the system form a complementary and promote each other relationship of mutual support. In the entire process of writing this article, the author uses the law and economics analysis, comparative analysis of methods. Innovations: First, the theoretical basis of the analysis, not only the use of economic theory, but also the use of the scientific development concept and the Basic Theory of Law; Second, in the analysis of the implementation of the necessity and possibility of the system, I focus on efficiency discusses the necessity as the starting point, and discussed the possibility of conditions as the starting point. Construction of emissions trading idea, I grasp the principal contradiction of ideas, put forward in the construction of the emissions trading system need to focus on resolving several key issues, the most controversial issues on the Initial Emission Permits Allocation asked the author's view, suggested a solution ideas.
|