The legal nature of carbon emission rights is one of the key issues in current climate policy and environmental governance.In China,there has not yet been a consensus on the definition of carbon emission rights in national and local legislation,with the description evolving from a clear right-based concept to a more ambiguous approach.An overview of foreign legislation reveals that most countries and regions tend to define carbon emission rights as limited,government-controlled rights,thereby ensuring governmental control within carbon markets.As a newly emerging legal phenomenon in the context of climate change,the definition of the nature of carbon emission rights requires attention not only to their structural composition but also to their purpose and substantive functions.The primary function of carbon emission rights is to clarify the emission reduction requirements for emitters,rather than guaranteeing the freedom to emit.In the carbon emission trading market,carbon emission rights must be traded within a specific regulatory framework,demonstrating a distinct characteristic of being regulated.Therefore,carbon emission rights are not merely the"property"of emitters but rather an environmental governance tool established by the state to serve the common good.In the context of achieving carbon peaking and carbon neutrality goals,carbon emission rights are more appropriately recognized as emission permits issued by the government based on emission reduction targets,which can be traded through market mechanisms,but do not constitute independent property rights.
万方数据
维普
