Analysis on the Legal Attribute of Carbon Emission Right from the Perspective of Law and Economics
With the introduction of the"3060 Dual Carbon"goal,China's pace in developing a carbon emission trading system is gradually accelerating.However,progress in constructing a matching legal framework has been slow.The current academic debate mainly revolves around the definition of the legal nature of carbon emissions rights in terms of public and private property,with the property rights theory based on the concept of free market trade and the administrative regulation theory based on government allocation struggling to reach a con-sensus.As an interdisciplinary field of law and economics,the new research perspectives and methods offered by law and economics can be helpful in the theoretical research of constructing China's legal system for carbon emission trading.The Coase theorem and the law and economics ideas it contains have strong theoretical appli-cability in the field of carbon emissions rights and trading systems research.From the perspective of law and e-conomics,a clear definition of private property rights is a prerequisite for market transactions.The property rights attribute of carbon emissions rights is an inherent requirement for the effective operation of the carbon emis-sions trading mechanism.As a special private right derived from public power,the legal nature of carbon emis-sions rights should be a quasi-useful property right with both public and private attributes.This can promote the respective functions of government and market entities in the transaction process,reduce resource waste caused by possible games played by various parties,further reduce enforcement costs,and ensure the optimal allocation of social resources to ultimately achieve the goal of efficient governance of environmental pollution.
carbon emission rightsquasi usufructuary rightgreen governancelow carbon economylaw and eco-nomics
NETL
NSTL
万方数据
维普
