随着气候变暖不断给人类社会带来灾难，控制温室气体排放引起了国际社会的广泛关注，联合国气候变化框架公约随之诞生。自1995年召开公约第一次缔约方大会以来，到2011年已经顺利召开17次缔约方大会。其中，备受关注的是1997年第三次缔约方大会，为控制温室气体排放、积极应对气候变暖等问题，签订了《京都议定书》，在控制温室气体排放上明确规定了“共同但有区别”的原则，即从2008年到2012年《京都议定书》的第一减排承诺期内，发达国家承担强制性的减排义务，而发展中国家不承担强制性减排义务，《京都议定书》规定的三种协调机制，即国际排放交易机制（IET）、联合履约机制（JI）和清洁发展机制（CDM），催生了一个新的市场——碳排放权交易市场的诞生。在欧盟和美国等发达国家已经形成了成熟和稳定的碳排放权交易市场。我国于2002年8月30日正式加入《京都议定书》。根据议定书的规定，在第一减排承诺期内，我国不承担强制性碳减排义务。因此，过去五年我国仅通过CDM项目与西方发达国家之间开展碳排放权交易，中国CDM项目签发的核证减排量占全球CDM项目的55.28%。但是，必须重视目前国内还没有一套完善的碳排放权交易制度，通过CDM项目参与碳排放权交易仅仅处于全球碳市场的最低端阶段等问题。为更好地参与全球碳市场竞争，实现我国可持续发展，我国需要从构建自愿型碳排放权交易制度的研究出发，逐步形成符合国情的碳排放权交易体系。其中，从法律层面上对我国自愿型碳排放权交易制度进行思考显得十分重要。论文第一部分归纳了我国碳排放权交易的现状和问题，并分析出现这些现状的成因；第二部分论述我国当前构建自愿型碳排放权交易制度亟需关注的最新动向和需要解决的国内争议；第三部分着重论述我国构建自愿型碳排放权交易制度的必要性和可行性，明确我国已经具备构建自愿型碳排放权交易制度的条件；第四部分，用比较法学的方法，介绍英国、美国和日本等国家开展的自愿型碳排放权交易实践，为我国自愿型碳排放权交易制度的构建提供借鉴和启示；第五部分，结合我国当前碳排放权交易面临的一系列问题和争议，为我国自愿型碳排放权交易制度的法律保障、交易参与者、交易登记结算，以及碳排放交易的监督、报告、核证制度，交易的激励措施等提出建言，以期我国能够尽快构建起自愿型碳排放权交易制度，使我国能够更好的应对温室气体减排的舆论压力，积极参与全球碳市场的竞争，促进我国低碳经济发展目标的顺利实现。

As of continuous disasters caused by global warming, the reduction of greenhouse gases emission has attracted worldwide concentrations in the past decades. As we can see the United Nations Framework Convention on Climate Change (UNFCCC) had been formed in the 1990s. Since the first conference of the contracting parties of UNFCCC being held in 1995, there are already 17 COPs till 2011, of which the most important and concerned is the COP3 held in Kyoto, 1997. In that conference, the Kyoto Protocol had been passed, in order to control the emission of greenhouse gases and try to solve the problems such as global warming. In that protocol, the principal of common but differentiated in controlling the emission of greenhouse gases between the developed countries and the developing countries had been made. Thus in the first period of greenhouse emission reduction from 2008 to 2012, the developed countries have to perform the compulsory reduction of greenhouse gases emission, while the developing ones have no such obligations. What’s more, the Kyoto Protocol has created three types of mechanisms to carry out the compulsory obligations, the international emissions trading mechanism (IET), the joint implementation (JI) and the clean development mechanism (CDM). Because of these new provisions, a absolutely new market called the carbon emission rights trade market born, which had already been mature and stable in the western part of the world, such as the United States and the European Union. China had been a member of the Kyoto Protocol since August 30th, 2002, and do not have to take the compulsory emission obligation in the first period. Thus in the past five years, our country has only join in the carbon emission rights trade through the CDM programs with the developed countries, which had taken up 55.28% of CERs issued in the CDM programs all over the world. However, we must pay attention to the actual point that we still have no perfect carbon emission rights trade system in our country, and realize that the CDM programs are just not the mainstream of the international carbon emission rights trade market. So we have to do more research on domestic carbon emission rights trade system beginning from the voluntary carbon emission rights trade, and try to construct the carbon emission rights trade system which is accordance with the needs of our country. And of which it is quite important to consider the domestic voluntary carbon emission rights trade system from the legal perspective.This thesis has been divided to five parts, of which the first part will concentrate on the current situation and problems of the carbon emission rights trade in China and analyze their reasons. Then the second part will introduce the latest tendency which had to be concerned in constructing the voluntary carbon emission rights trade system, and analyze some of the most widely argued issues related to the building of this voluntary trading system. After we know the current situation and issues of the carbon emission rights trading, the third part will discuss the necessities and feasibilities on forming the voluntary carbon emission rights trade system in our country at present. Then the forth part of this thesis will use the comparative method, introducing the voluntary carbon emission rights trade practice in England, the United States and Japan, and try to compare the successful mechanisms in these countries which may be a good reference or give us some revelations. After the former four parts’ discussion, the last part will give some suggestions on the establishment of the voluntary carbon emission rights trade system, for instance, the legislations for this new system, the parties, the trade enrollment and settlement methods and systems. In addition, the monitoring, reporting and certification of the voluntary emission trade system, the incentives and punishment mechanism of this voluntary trading system. All these efforts will hope to be useful and practical, if any, in forming the voluntary carbon emission rights trade system, which will be helpful when China facing pressure from negotiation on responsibility of carbon emission of developing countries. And it is a good way for our country to catch with the competition of international carbon markets and may be a great promotion in achieving the goal of Low-carbon economy in our country.