论碳排放权的法律属性OACHSSCDCSSCI

Carbon emission rights have a dual nature of protecting the public interest of the environment and controlling the private interest of emission control enterprises in quotas.As market mechanisms must be regulated by the government in order to achieve emission reduction effects,administrative regulation of carbon emission rights is legitimate and necessary.The government has no intention of intervening in the property interests of carbon emission rights,and the rights themselves have no intention of opposing government regulations.Therefore,the recognition of carbon emission rights as having public law attributes under administrative regulation does not conform to the definition of public rights.The public law attributes of the initial allocation and clearance of quotas are either derived from the government's management of quotas or from administrative legal obligations,but they are not related to the legal attributes of carbon emission rights.In addition to its tradability characteristics,carbon emission rights protect the allocation of quota assets by emission control enterprises,and the voluntariness and equality of the legal relationship of carbon emission rights indicate that carbon emission rights are private law rights.