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

Institutional Re-Improvement and Legislative Optimization of the Voluntary Greenhouse Gas Emission Reduction Transactions Mechanism

  • 摘要: 从立法上优化温室气体自愿减排交易机制(简称自愿减排机制),既是该机制内生动力使然,又是时代呼唤的结果。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)》(简称《管理办法》)呈现出的内部结构、管理环节与规范内容,是考虑多重因素后作出的较佳选择。《管理办法》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。为保障自愿减排机制平稳、有序、健康运行,还需建立健全与《管理办法》相配套的规范体系与法律保障制度体系,并确立《管理办法》在碳交易市场法律规范体系中的地位。

     

    Abstract: The legislative optimization of the voluntary greenhouse gas emission reduction transactions mechanism are both the result of the mechanism’s endogenous momentum and the call of the times. The general idea of optimizing the legislation for the voluntary emission reduction mechanism is to meet the requirements of the reform concerning “simplifying procedures, decentralizing powers, integrating deregulation with appropriate regulation, and optimizing services” in terms of management concepts, to adopt the form of departmental regulations in terms of legislative form, and not to set up administrative licensing in terms of management mode, but to adopt the administrative confirmation mode of “publicity+registration”. As the legislative outcome of the optimization of the voluntary emission reduction mechanism, 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 mechanism, 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 in the legal regulatory system of the carbon trading market.

     

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