我国碳捕获与储存技术(CCS)二维监管法律制度研究

Research on Two-dimensional Regulation Legal System of Chinese Carbon Capture and Storage Technology

巴黎气候峰会协议的达成必将形成更高的拥有法律约束力的多边减排手段,碳捕获与储存技术利用在全球气候治理中率先得到发展,其研发及商业化也成为主流趋势。我国面对减排压力,已经和亚行在碳捕获技术上合作,但缺少相关法律监管的制度、法规作为支撑,可以借鉴国外较为成熟的法律监管机制,分别从核查许可、风险应急、权责分配、信息披露等方面建立起市场主体监管与技术风险监管的"二维监管框架"和耦合的法律制度。

The agreement reached in climate summit in Paris will form multilateral reduction methods with a higher legally binding force. Carbon capture, utilization and storage technology take the lead in the development of global climate govern- ance, which have become the mainstreams of development and commercialization. Facing pressures to reduce emissions, China has worked together with Asian Bank to cooperate on carbon capture technology, but there exists the insufficient sup- port of relevant legal regulation system, rules and regulations. The United States, Germany and the European Union have formed a considerably mature legal supervision mechanism. China can learn from their experiences from the aspects of check license, emergency distribution of rights and responsibility, risk information disclosure to establish the two - dimen- sional regulatory framework of ＂enterprise supervision and technology supervision＂ and the coupling of legal system.