双阶理论视域下碳排放权的实践困境与对策探讨

The Dilemma in Practices of Carbon Emission Rights from the Perspective of Dualist Theory

碳排放权蕴含碳排放管控的公法特征和私主体自由交易的私法内涵,呈现出公权行使与私法自治交织的特征。在碳排放交易市场日益成熟,并即将全国统一的发展背景下,可采用双阶理论构建碳排放权属性,以碳排放权注册登记为界限,纵向分为两个阶段,注册前视为公法属性,注册后视为私法属性。基于对双阶视阈下的碳排放权困境的分析,探索对立法实践困难和市场实践困难的解决方法,完善碳排放交易机制,以期加快绿色创新步伐,促进实现“双碳”目标。

The right of carbon emissions contain both the public law characteristics of carbon emission control and the private law connotation of free trading by private entities,presenting a characteristic of the exercise of public rights and private law autonomy interweaving.However,in the context of the increasingly mature carbon emission trading market and the upcoming national unification,there is not explicit definition of carbon emission rights.A two-stage theory can be used to construct the legal attribute of carbon emission rights,with registration of carbon emission rights as boundary and vertically dividing it into two stages.Before registration,it is considered as public law attribute,and after registration,it is considered as private law attribute.Based on the analysis of the dilemma of carbon emission rights under the dualist theory,we will explore solutions to legislative and market practice difficulties,improve carbon emission trading mechanisms,and accelerate the pace of green innovation to promote the achievement of the "carbon peaking and carbon neutrality" goals.