The legal basis of the EU aviation carbon emissions trading system is from the two directives of 2003/ 87/EC and 2008/101/EC. The purpose of the system is to protect the European aviation industry and take the lead in international aviation. It is essentially a“carbon barrier”and disrupts the international climate negotiation framework and the principle of“common but differentiated responsibilities”established by the UN Framework Convention on Climate Change, and also violates the“joint action principle”established by the Kyoto Protocol. China and other developing countries have different legal logic from the United States in prosecuting the Europe? an Union, but the practice of the United States is worth learning from. EU ETS disputes can resort to WTO dis? pute settlement mechanisms, mainly concerning whether the EU ETS should be subject to WTO regulation and the issue of compatibility with GATT and can resort to WTO dispute settlement mechanisms under the premise of having tried all other ways. The EU aviation carbon emissions trading system highlights the lack of interna? tional aviation carbon emission regulations and it is urgent to introduce a global solution for aviation carbon emis? sion taxation. For China, on the one hand, it should improve the domestic carbon emissions trading laws and regulations system. On the other hand, it should actively promote the construction of a global aviation carbon emissions trading system.