温室气体减排法律制度关系论——兼评《气候变化应对法》(征求意见稿)的相关规定

    On Interrelations of Legal Regimes Regarding Reducing Greenhouse Gases —A Review of the Draft to Combating Climate Change Act

    • 摘要: 厘清碳排放权、碳税与低碳标准的关系,是应对气候变化立法无法回避的问题。碳排放权制度与碳税制度具有互斥关系,二者不应针对同一排放源重叠适用。基于对碳排放权制度与碳税制度的优劣分析,前者与后者分别适宜于大型与中小型温室气体排放源的减排。碳排放权制度与低碳标准制度也具有互斥关系,对无法适用碳排放权制度减排的排放源,可适用低碳标准制度;对适用碳排放权制度减排的排放源,不应再重叠适用低碳标准制度。与此不同,碳税制度与低碳标准制度不相冲突,二者可对同一排放源重叠适用。《气候变化应对法》应注意理顺温室气体减排各法律制度之间的关系,避免制度之间出现龃龉。

       

      Abstract: Rationalizing the relationship between the carbon emission right, carbon tax and low-carbon standards is a key issue in the legislation of combating climate change. The carbon emission right and the carbon tax are mutually-exclusive and they cannot be applied to the same emission source at the same time. Considering the advantages and disadvantages, the former is proper to be applied to large emission sources while the latter is proper to be applied to small and medium emission sources. Likewise, the carbon emission right and low-carbon standards are mutually-exclusive. As for the emission source to which carbon emission right cannot apply, low-carbon standards can apply. As to the emission source to which carbon emission right has applied, low-carbon standards should not apply at the same time. There is no mutual exclusion between carbon tax and low-carbon standards so they can be applied to the same source if necessary. The Combating Climate Change Act should pay attention to deal with interrelations of the legal regimes regarding reducing greenhouse gases to avoid institutional conflicts.

       

    /

    返回文章
    返回
    Baidu
    map