Research On Carbon Asset Trading Rules Under The Background Of "dual Carbon" Strateg

In China,although the carbon emissions trading market has been built,it shows the distinction between the national carbon emissions trading market and the local carbon emissions trading market,resulting in the national unified and integrated carbon emissions trading market has not really been established.In theory,the right system related to carbon emissions has not yet been constructed,and there is no consensus on the legal nature of carbon emission rights,carbon sink rights and "carbon emission set-off rights".In terms of laws and regulations,the departmental rules formulated by the ecological and environmental departments and the local regulations formulated by the local government essentially stipulate the matters that should be stipulated by the laws and regulations with a higher level of effectiveness,which seriously restricts the realization of the purpose of the construction of the carbon emissions trading market.Integrate the national and local markets,gradually integrate the local carbon emissions trading market into the national carbon emissions trading market,and build a national unified and integrated carbon emissions trading market rules.In order to improve the utilization efficiency of market allocation of environmental capacity resources has become an urgent and necessary task.The dispute about the legal nature of carbon assets rights directly affects the basis of the construction of a national unified carbon emissions trading market,and the different understanding of the structure of carbon assets rights affects the specific content of the construction of carbon emissions trading market rules.Carbon asset right is a "right bundle"composed of carbon emission right,carbon sink right and "carbon emission set-off right".Its object is environmental capacity,which is derived from the separation and use right of national ownership of environmental capacity resources.In essence,it is "spawned" or confirmed by the government permission behavior to exercise in the form of private rights and bound by private law norms of civil rights,the legal nature is quasi-real rights.The subjects of its rights are key emission units,institutions and individuals who meet the regulations,and the ways of obtaining rights include the initial allocation of carbon emission quotas and the confirmation of certified emission reductions,as well as contract transactions,inheritance and acceptance of bequests.The change of rights adopts the doctrine of registration.The content of the right is the legal relationship between the combination of carbon emission rights,carbon sink rights and the elements of "carbon emission set-off rights".The reasons for the elimination of rights include the completion of the performance and payment of carbon emission quotas,the cancellation of carbon emission quotas,the use of certified emission reductions to offset carbon emission quotas and the loss of resources attached to carbon sequestration rights at the de facto level.Under market conditions,the legal attribute of carbon assets rights is defined as quasi-real rights.The rights system includes carbon emission rights,carbon sink rights and "carbon emission set-off rights".Based on the unclear property rights in the field of climate resources,externalities,information asymmetry,and the lack of property rights of public goods,it is easy to lead to market failures such as tragedies of the Commons.Carbon assets rights are essentially the civil law use rights derived from the national ownership of climate resources.The unified and integrated rules of carbon emissions trading market in China should be based on the legal nature of carbon assets rights as quasi-real rights,the high liquidity of carbon assets rights as the basic orientation,and the maintenance of market security and stability as the value orientation.It is constructed around the harmony and unity of market freedom and government regulation.