On the Judicial Guarantee of Carbon Market Construction in China
Carbon market construction is China·s national climate action to realize the"dual carbon goals".This includes mandatory carbon quotas,certified voluntary emission reduction transactions,and potential innovative voluntary emission reduction transactions.It is an important area for judicial participation in achieving the"dual carbon goals".Judicial protection of carbon market construction can start from the basic functions of carbon market protection and development to promote two aspects.At the level of guaranteeing the basic functions of the carbon market,where the rules of substantive law are not yet perfect and systematic,the judiciary should focus on the fidelity of carbon data,carbon market subjects,carbon market products,carbon market behaviors,and carbon market transaction processes.This is to stabilize market order,reasonably balance and distribute the rights and obligations of subjects in the carbon market,and supervise the government to actively perform its duties.From the perspective of promoting the development of the carbon market,the judiciary can create new judicial norms in areas such as technical reform offset,carbon sink restoration,and the exploration of judicial carbon benefits.This can help increase the number of subjects in the CER market,expand the volume of emission reductions,and provide a basis for further expansion of the carbon market in the future.This will help meet the realistic needs of the"dual carbon goals".
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