Legal analysis: China's carbon quota allocation scheme draws lessons from the experience of the European Union, and adopts benchmark method and historical intensity method instead of historical method. The products in the industry using the benchmark method are relatively consistent, and the carbon emissions per unit product in the whole industry can be calculated statistically. Setting a relatively high level value as the benchmark value can not only ensure that the quota allocation is adjusted with the change of product output, but also really encourage the advanced to eliminate the backward.

ETS is an economical environmental protection policy tool designed to cope with global climate change. 1In February, 1997, the United Nations convened the third Conference of the Parties to the United Nations Framework Convention on Climate Change in Kyoto, El, and adopted the Kyoto Protocol aimed at limiting greenhouse gas emissions from developed countries to curb global warming, stipulating that global greenhouse gas emissions will be reduced by an average of 5.2% on the basis of 1990 by 20 12. The EU promises to reduce the emissions of six greenhouse gases (mainly carbon dioxide) by 8%. The European Commission divides the implementation of ETS into two stages: the first stage is the start-up period, that is, "learning by doing"; In the second stage, ETS will play a role in achieving the emission reduction targets of the Kyoto Protocol.

Legal basis: Article 4 of the Environmental Protection Law of People's Republic of China (PRC) protects the environment as a basic national policy.

The state adopts economic and technological policies and measures that are conducive to saving and recycling resources, protecting and improving the environment, and promoting harmony between man and nature, so as to coordinate economic and social development with environmental protection.