"碳汇认购"司法实践的解释论重构OACHSSCD

"Carbon sink subscription"as an innovative alternative approach to ecological restoration,has been officially recognized by the Supreme People's Court and widely applied in judicial practice.Never-theless,the judicial implementation of"Carbon Sink Subscription"has encountered numerous challen-ges,including ambiguous legal attributes,generalized scope of application,disorderly order of applica-tion,and inadequate procedural norms.In view of these issues,the enactment of the"Ecological and Environmental Code"should be taken as an opportunity to reconstruct the path for improving the judicial application of"carbon sink subscription".This involves three key aspects:elucidating the legal attributes of"Carbon Sink Subscription"by characterizing it as a composite liability mechanism that combines func-tional restoration with value compensation;delineating the precise scope and sequence of its application,adhering to the principle of prioritizing restoration,and establishing its normative role as a subsequent,supplementary remedy when in-situ ecological restoration is not feasible;and integrating the procedural norms governing"Carbon Sink Subscription"by incorporating elements such as carbon sink accounting,fund management,and execution and acceptance inspection into a cohesive institutional framework.Through this logical reconstruction,we aim to foster the standardization and legalization of the judicial practice of"carbon sink subscription".