Administrative Liability for Carbon Disclosure:Path to Enactment and Institutional System
As an important support for the goal of climate change mitigation and adaptation,the obligation of carbon information disclosure must be concretely applied by administrative legal responsibility norms to ensure its practical implementation.In practice,the carbon information disclosure shows that the authenticity of the disclosure content is doubtful,and the disclosure procedure is illegal,which deviates from the normative requirements of the realization of the"dual carbon"goal.The existing administrative legal liability system for carbon information disclosure ignores the consistency of behavior between the disclosure of information related to carbon emission trading and the disclosure of information related to carbon emission,and reserves too much discretionary space for the administrative legal liability for the disclosure of information related to carbon emission trading,and the provisions of administrative legal liability for the disclosure of information related to carbon emission are too brief.Through reflecting on the existing decentralized legislation model,we should take climate change legislation as the top-level legislation,frame the administrative legal responsibility system of carbon information disclosure,and refine the provisions in the lower law,to achieve the internal unity of the legal order.In terms of refining the range of administrative discretion,it is appropriate to take"illegal income×ratio"and"damage result×probability"as elastic indexes.In terms of enriching the types of administrative legal responsibilities,the number of fines can be further increased,and the dual punishment system can be adopted for the subject of disclosure obligations and the directly responsible personnel.
carbon disclosureadministrative liabilitypath to enactmentinstitutional system
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