Research On Carbon Emission Right Pledge System

Since the 21 st century,countries in the world have made in-depth research on the severe environmental problem of global warming and taken a series of measures to deal with the greenhouse effect.In this context,many countries have put forward the goal of carbon neutrality.China is committed to building a clean and beautiful world,contributing its share to global ecological and environmental security,and implementing the strategy of sustainable development.At the 75 th session of the United Nations General Assembly in 2020,China announced the goal of achieving peak carbon neutrality.Carbon emission right pledge is one of the important innovations to help achieve the goal of "double carbon",and it is also an important and indispensable way.In 2021,the national carbon emission rights trading market was launched,and the carbon emission rights pledge system became a hot topic.In recent years,many provinces and cities have issued relevant normative documents on the pledge of carbon emission right,so as to improve the pledge system of carbon emission right and optimize the operating environment of the pledge of carbon emission right to a large extent.However,since the national carbon market trading is still in its infancy and all kinds of carbon trading activities are still in the exploratory stage,the carbon emission right pledge system is still not perfect,which has a great restriction on its development.Therefore,in-depth study and positive optimization of the carbon emission right pledge system,ensuring its effective promotion in the system,and making full use of financial institutions to provide momentum for the pledge of carbon emission right are key links to promote the realization of the "double carbon" goal.In the first part of this paper,the specific significance of the carbon emission right pledge system and the legal analysis of carbon emission right are studied and opinions are put forward.This is because clarifying the attribute of carbon emission right and the concept of carbon emission right pledge are the basic conditions to improve the carbon emission right pledge,and all the theories and practices should be developed on the basis of the sub-basis to have scientific significance.In the second part,through analyzing and comparing the current examples of carbon emission right pledge regulations and project examples,we found the problems in the mortgage system of Chinese carbon emission right in legal norms,guarantee effectiveness,supervision system and so on,and analyzed the problem types in detail.The third part adopts the comparative method to study the development and current situation of the carbon trading system of the United States,which has the strongest comprehensive strength,and the European Union,which is the forerunner of carbon trading.After studying the development process of the two,the conclusion is drawn that the pledge of carbon emission right must be established on the basis of a large range of carbon trading market.The carbon trading market of one city and one place cannot support the long-term operation of carbon trading,nor can it bring strong vitality to the pledge of carbon emission right.After studying the present situation of both,we should take the actual situation of our country as the basis,learn from the advanced experience of European and American countries in the aspects of carbon emission quota issuance,carbon trading market innovation and so on,and improve the pledge system of carbon emission right.Part four summarizes and puts forward suggestions on improving the pledge system of carbon emission right:(1)Improve laws and regulations on the pledge of carbon emission right.The improvement of legal norms can be carried out from the aspects of designating high-level laws,enacting special laws,making uniform provisions for the procedure of carbon emission right pledge,and clarifying the attributes of carbon emission right and the legal attributes of carbon emission right pledge in legal form.(2)Policy-oriented improvement of the carbon emission right pledge system.It is mainly to propose macro-planning for the development of the carbon emission right pledge system,expand the scope of the pledge industry,experiment and explore new pledge products,actively participate in international exchanges and cooperation,and promote mutual progress.(3)Improve the risk prevention mechanism of carbon emission right pledge.This measure should be from the establishment of a unified carbon pricing mechanism,improve the carbon emission right pledge registration system,prior risk analysis,administrative risk prevention and other aspects.(4)Improve the regulatory system of carbon emission right pledge.We should optimize administrative supervision and financial supervision,and establish a well-formed coordination mechanism between them,so as to avoid overlapping supervision and improve efficiency while conducting comprehensive supervision.(5)Standardization and application of reward and punishment mechanism.This measure is mainly aimed at the reward and punishment after the pledge of carbon emission right,such as the black and white list system,but some measures should be improved with the gradual improvement of the carbon emission right pledge system and established with the popularity of the carbon emission right pledge project.(6)Protection and relief of creditors’ rights.In view of the breach of contract,special right relief and guarantee system should be established,such as freezing carbon quota and confirming the atypical guarantee effect of invalid carbon emission right pledge.