The Dilemma in Practices of Carbon Emission Rights from the Perspective of Dualist Theory
The right of carbon emissions contain both the public law characteristics of carbon emission control and the private law connotation of free trading by private entities,presenting a characteristic of the exercise of public rights and private law autonomy interweaving.However,in the context of the increasingly mature carbon emission trading market and the upcoming national unification,there is not explicit definition of carbon emission rights.A two-stage theory can be used to construct the legal attribute of carbon emission rights,with registration of carbon emission rights as boundary and vertically dividing it into two stages.Before registration,it is considered as public law attribute,and after registration,it is considered as private law attribute.Based on the analysis of the dilemma of carbon emission rights under the dualist theory,we will explore solutions to legislative and market practice difficulties,improve carbon emission trading mechanisms,and accelerate the pace of green innovation to promote the achievement of the"carbon peaking and carbon neutrality"goals.
The right to carbon emissionsDualist theoryCarbon emission trading mechanismCarbon peaking and carbon neutrality
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维普
