行政法视角下新能源汽车碳积分制度完善探究

Research on the Perfection of New Energy Vehicle Carbon Credit System from the Perspective of Administrative Law

为接力已经处在退坡阶段的新能源汽车补贴制度,工信部提出了新能源汽车碳积分制度。由于该制度尚处在设立初期,不可避免地存在一些缺陷,因此需要对其进行完善。新能源汽车碳积分制度具有二维构造,其中纵向构造是能源法与行政法的交叉产物,因此可从行政法的视角对该制度进行审视,深入研究新能源汽车碳积分制度的法制现状,明晰碳积分管理行为的法律性质,健全碳积分设定及监管制度,并构建行政救济机制。

In order to replace the new energy vehicle subsidy system that has been in the stage of retreating,the Ministry of Industry and Information Technology has proposed a carbon credit system for new energy vehicles.Since the system is in the early stage of establishment,there are inevitably some shortcomings,so it needs to be improved.The new energy vehicle carbon credit system has a two-dimensional structure.Among that,the vertical structure is a cross product between the energy law and the administrative law.Therefore,the system can be examined from the perspective of administrative law.The legal status of the carbon credit system of new energy vehicles should be studied in depth,the legal nature of carbon credit management behavior should be clarified,the carbon credit setting and supervision system should be improved,and the administrative relief mechanism should be constructed.