Research On The Functional Positioning And Legal Applicability Of Carbon Sink Subscription Under The Perspective Of Ecological Restoratio

With the rapid development of social economy,the problem of ecological environment destruction has become prominent.China has paid more and more attention to and promoted the strategic deployment of ecological restoration,and relevant policies have been continuously introduced.The report of the 15 th National Congress of the Communist Party of China pointed out that national environmental security can not be separated from ecological protection.Since then,following the strategy of sustainable development,a number of ecological restoration projects in key areas have been promoted as a whole,which indicates that China’s ecological restoration work has entered the stage of ecological construction and key governance.The report of the 17 th National Congress of the Communist Party of China put forward the requirements for the construction of ecological civilization for the first time,leading China’s ecological restoration into the stage of attaching importance to the protection of different kinds of ecological spaces.The general layout of "Five in One" in the report of the 18 th National Congress of the Communist Party of China and the determination of the general plan of harmonious coexistence between man and nature in the report of the 19 th National Congress of the Communist Party of China have further promoted the protection of China’s ecological environment into the period of systematic protection and restoration of "mountains,rivers,fields,lakes,grass and sand" with the concept of overall protection.The report of the 19 th National Congress of the Communist Party of China reiterated the important concept of "Lucid waters and lush mountains are invaluable assets",emphasized the strictest system and the strictest rule of law to escort ecological protection,and demonstrated China’s role as a big country in promoting global ecological security.The Party’s Report to the 20 th CPC National Congress further proposed to vigorously carry out the energy revolution,enhance the carbon sink capacity of the ecosystem,and improve the market trading system of carbon emission rights,so as to promote the realization of the goal of "double carbon" and help build a beautiful China.However,it is worth noting that although the top-level design of ecological protection in China is gradually consolidating,the legislation has not responded in time,which makes China’s ecological environmental protection have obvious characteristics of practice first.This feature is reflected and embodied in that when the academic circles began to pay close attention to the theoretical problems of ecological restoration,the judicial organs had taken the lead in exploring the application of alternative restoration measures.On the one hand,practice first can mobilize the enthusiasm of judicial organs to carry out ecological environmental protection and strengthen the effect of judicial relief;On the other hand,it will also lead to the legal risk of the mandatory intervention of restorative justice concept,which will affect the rationality and legitimacy of applying ecological restoration measures,thus creating obstacles for correctly identifying the responsibility of ecological restoration in practice.Under the background of promoting the goal of "double carbon",the People’s Court of Shunchang County,Fujian Province made the first judgment in China to repair the damaged ecological environment by voluntarily subscribing for carbon sinks,and innovatively combined ecological justice,poverty alleviation and carbon sinks to solve the practical dilemma of ecological restoration.Due to the unique advantages of carbon sink subscription as an alternative restoration method,local courts have tried to carry out alternative ecological restoration by subscribing carbon sinks.However,due to the lack of in-depth research on the application of theory and law,the judicial practice of carbon sequestration subscription is still in a disorderly state,which is easy to cause various problems and violates the original intention of ecological restoration and even ecological environmental protection.Therefore,this paper attempts to study the functional orientation and legal application of carbon sink subscription,an alternative way of undertaking restoration responsibility,in order to provide reference for the improvement of the legal responsibility system of ecological restoration and the application of carbon sink subscription responsibility form.This paper is divided into five parts.The first part starts with combing the application process of ecological restoration responsibility at home and abroad,and then shows the legal application dilemma of ecological restoration responsibility from two aspects:the limitation of the concept of ecological restoration accountability and the unclear boundary of responsibility application.On this basis,introduce the legislative progress and judicial practice of exploring the application of alternative repair methods of carbon sink subscription in various places;After clarifying the relationship between carbon sink trading and carbon sink subscription,this paper expounds the application status of carbon sink subscription as a form of ecological restoration responsibility in China.The second part,based on the theories of "risk society","externality" and "ecological justice",expounds the theoretical basis of carbon sink subscription into the responsibility system of ecological restoration,analyzes the external environment and institutional basis of carbon sink subscription into the responsibility system of ecological restoration,and makes it clear that the form of carbon sink subscription responsibility has multiple positive effects,such as ensuring the realization of double carbon targets,promoting the development of carbon emission trading,and promoting the realization of ecological product value,which is of great promotion value.The third part explains the attribute definition and specific function of carbon sink subscription in the legal responsibility system of ecological restoration,and clarifies its positioning to enhance the legitimacy and effectiveness of carbon sink subscription.The fourth part analyzes some recent typical cases from the perspectives of case area,case type and application starting point,analyzes the possible legal risks in the judicial application of carbon sequestration subscription around the legal positioning,and analyzes the multi-dimensional causes of existing problems.The fifth part is closely related to the outstanding problems and causes in the application of the law of carbon sequestration subscription,and puts forward suggestions on regulating the application of the law of carbon sequestration subscription from three aspects: applicable requirements,applicable procedures and safeguard mechanism,with a view to providing an operable legal basis for regulating the legal application of carbon sequestration subscription as an alternative form of repair responsibility.