The Theoretical Basis And Institution Construction Of Forest Carbon Sink Right

Nowadays, the supply of regulations in Chinese clean development mechanism-forestry carbon sink industry is inadequate; that is the regulation of forestry carbon sink cannot meet the demand of the forestry carbon sink activities. The direct reason is that the legal adjustment, which used to regulate the forestry carbon sink activities, is insufficient. While the underlying reason is the lack of a systematic legal principle research on forestry carbon sink activities, especially on the protection of the interest in forestry carbon sink. For the sustainable development in the industry of forestry carbon sink, the legal principle on forestry carbon sink activities in China should be studied, and the forestry carbon sink right legal system can be established on that base.In order to establish the forest carbon sink right, this paper is based on the legal problems in reality, combining the legal principle, analyzing the legal theories of forestry carbon sink activities, taking the existing regulations in China. This paper is divided into five parts, and the main idea is introduced in following paragraphs.In part one, as a result of that forest carbon sink is mainly a product of international laws and regulations, combing the origin of international laws will help us to reveal the essence of forest carbon sink. Secondly, based on forest carbon sink’s practice situations in China, analysing the surface reason that lack of institution supply in our countrie’s forest carbon sink industry--regulating the legal norm shortage and the the deep reason of forest carbon sink activities-Lack of jurisprudence research in forest carbon sink’s educational circle. Finally, expounding the theory and practical significance in this paper based on the recitation of the forest carbon sink’s research status.In part two, the reason why carbon sink right is established. In a word, the practical needs of protecting carbon sink right and the long-term demand of forestry response to the changing climate, mutually require the establishment of carbon sink right. In terms of the practical needs, the proprietor’s carbon sink right cannot be protected by the law, which lead to the vulnerable daily running of the carbon sink project. For the long-term demand, if forestry carbon sink right cannot be legislated and conferred, it will lower the enthusiasm of public to enter the forestry carbon sink industry, which finally impair the capability of forestry to response to the changing climate. In part three, the legislation principles relevant to forest carbon sink right is analyzed. Firstly, the classic object of real right is discussed and rethink, which indicate that the green house gas is the object of forest carbon sink right. Secondly, forest carbon sink right is overviewed, and more importantly discuss in detail to response the real needs and long-term demands in part two. Additionally, the logic of "the forest carbon sink right is a real right, but it is a non-typical real right", to demonstrate that the forest carbon sink right is the quasi-property in nature. Finally, according to the theory that "real right has three kinds of legal effect", the exclusive effect and priority effect of the forest carbon sink right, and the right for claim of real thing effect are discussed respectively.In part four, the forest carbon sink right legislation in Australia is introduced and summarized. The representative New South Wales legislative mode and Western Australia legislative mode are chose and discussed in detail respectively."Mountain stone of learning problem ", the forest carbon sink right legislative mode is difficult to apply to China directly, but the New South Wales legislative path can be learned by the legislation in China. Therefore, the New South Wales legislative path is then discussed in depth.In part five, the establishment of forest carbon sink right is described. Based on the lessons learned from New South Wales legislative mode, the way chose to extend the object of real right, and the way used to establish the forest carbon sink right, are the two main respects in discussing the future forest carbon sink right legislative mode choosing in China. After confirmation of the forest carbon sink right legislative mode, combined thought of existing legislation and "Kyoto-Rules", the specific establishment of forest carbon sink right legislation in China is deeply discussed from the the subject, the obtaining procedure, the content, and the modification,the right relief of the forest carbon sink right.