碳中和技术创新的法制保障研究

Research on Legal Guarantee of Technological Innovation on Carbon Neutrality

技术创新是实现碳中和目标的主要驱动,也是中美竞争投射在碳中和领域的核心呈现。在碳中和技术创新时,法律发挥着引导、保障和协调功能,不仅支撑碳中和技术研发,而且规范碳中和技术应用,同时协调碳中和技术创新所涉及的各类利益关系。考虑到相关制度的缺失,深入探索其内在结构尤为必要。在制度设计时,可基于碳中和技术创新的科学原理与现实规律,确立系统优化、清洁低碳和数字驱动三项基本原则,以全局观和系统性思维构建“资金-技术”联合机制、“产-学-研”一体化机制、“政府-市场-社会”协同机制和“国际-国内”共享机制,通过考察复杂的经济社会利益,引入多元主体参与,统筹国内外现有资源,以多角度、多渠道为碳中和技术创新保驾护航。

Technological innovation is the main driving force to achieve the goal of carbon neutrality,and is also the core manifestation of Sino-US competition in this field.The former indicates that there is still a large gap between existing technologies and those oriented towards carbon neutrality,while the latter indicates the urgent need for China to break away from its dependence on US technology and strengthen the autonomy of its national green strategy.In the process of technological innovation on carbon neutrality,law plays a guiding,guaranteeing and coordinating function,not only supporting the research and development of the technology,but also regulating technological application and coordinating the various interests involved in technological innovation.Specifically,research and development,as a kind of knowledge production,have both inheritance and potential spillover,making it different from general commodities.Therefore,as a non-market system,law provides incentives for researchers on the one hand,and encourages the dissemination of research findings on the other hand,to promote economic and social development.In the face of risks such as technology development lagging behind security needs,insufficient multi-subject interaction,and“technological omnipotence”,law can introduce the value concepts of“technology neutrality”,“safety priority”and“risk assessment”advocated by modern society,to ensure the development of relevant technologies within the scope of the rule of law and the application within reasonable limits.In the entanglement of technological innovation on carbon neutrality involving“human-nature”relationship and“human-human”relationship,law can weigh various interests with the help of complex interest balance mechanisms through unique functional attributes,to establish the core dimension of the legal system and its logical starting point under the value orientation of“good”,which provides value evaluation criteria and justification basis for technological innovation on carbon neutrality.Considering that the legal system of technological innovation on carbon neutrality is still missing,it is particularly necessary to explore the internal structure and shape the relevant system.The structure can be developed from two aspects:principle and system.In terms of principle,three basic principles—systematic optimization,clean and low-carbon,and data-driven—can be established based on the scientific theories and realistic rules of the technological innovation on carbon neutrality.Among them,the principle of systematic optimization requires to clarify the potential effects of emission reduction and economic development,and improve the overall efficiency and economy of carbon neutrality actions;the principle of clean and low-carbon aims to demonstrate the“environment-economy”relationship,that is,green and low-carbon development under the priority of ecological environment;the principle of data-driven embodies the complementary and enhanced role of digital technologies in technologies towards carbon neutrality.As regards system,the“capital-technology”joint mechanism,“industry-learning-research”integration mechanism,“government-market-society”coordination mechanism,and“international-domestic”sharing mechanism can be built with an overall view and systematic thinking.On the one hand,a clear examination of the complex economic and social interests helps clarify the interactive logic of fiscal and taxation policies,carbon market,carbon finance and technological innovation on carbon neutrality.On the other hand,the collaboration between universities and scientific research institutions helps coordinate the existing resources at home and abroad to achieve technological innovation on carbon neutrality.