ISSN 1008-2204
CN 11-3979/C

温室气体自愿减排交易机制立法优化与制度再完善

Legislative Optimization and Institutional Improvement of the Greenhouse Gas Voluntary Emission Reduction Program

  • 摘要: 从立法上优化温室气体自愿减排交易机制,既是该机制内生动力使然,又是时代呼唤的结果。这一自愿减排机制立法优化的总体思路是:管理理念上满足“放管服”改革要求,立法形式上采用部门规章,管理方式上不设定行政许可,采用“公示+登记”的行政确认模式。作为自愿减排机制优化的立法成果,《温室气体自愿减排交易管理办法(试行)》呈现的内部结构、管理环节和规范内容,是考虑多重因素后作出的较佳选择。而这一文件仅为部门规章,无法承载太多内容,许多规则与前瞻性制度需要逐步完善。为了保障自愿减排机制平稳、有序、健康运行,还需建立健全与该文件相配套的规范体系与法律保障制度体系,并确立其在碳交易市场法律规范体系中的地位。

     

    Abstract: The legislative optimization of the greenhouse gas voluntary emission reduction program is both the intrinsic driving force of the program itself and a response to the call of the times. The general approach to optimizing the legislation for the voluntary emission reduction program involves meeting the requirements of the "streamlining of administration, delegating powers, and improving regulation and services" reform in terms of management concepts, adopting the departmental regulations in terms of legislative form, and refraining from establishing administrative licenses in management methods, instead adopting an administrative confirmation model of "announcement + registration". As the legislative outcome of the optimization of the voluntary emission reduction program, the internal structure, management links and normative content presented in Measures for the Administration of Voluntary Greenhouse Gas Emission Reduction Trading (For Trial Implementation) (hereinafter referred to as "the Administrative Measures") are better choices that have been made after considering multiple factors. The Administrative Measures are only departmental regulations which cannot carry too much content, and many rules and forward-looking systems need to be gradually improved. To ensure the smooth, orderly and healthy operation of the voluntary emission reduction program, it is necessary to establish a sound normative system and legal protection system that is compatible with the Administrative Measures, and establish the status of the Administrative Measures within the legal normative system of the carbon trading market.

     

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