中国碳交易市场转型中的多元目标法律规制OA

Driven by the"dual carbon"goals,China's carbon trading market is transitioning from a primarily intensity-based control system to one emphasizing total emissions cap management.Its institutional functions have also evolved from a single emission reduc-tion tool into a composite governance mechanism that balances economic efficiency,environmental constraints,and equitable distribu-tion.However,the coexistence of multiple objectives has also highlighted challenges in coordinating these goals.This study integrates normative analysis,comparative analysis,and goal-instrument matching methods to examine relevant provisions in the Ecological and Environmental Code of the People's Republic of China and carbon market policy documents,using the European Union's carbon mar-ket governance model as a comparative benchmark to explore the multi-objective coordination difficulties facing China's carbon market during its transformation.The study finds that China's current carbon market faces three main issues:(1)At the normative level,legal rules and technical mechanisms are inadequately integrated,with quota allocation,data verification,and regulatory responsibility boundaries still requiring refinement.(2)At the structural level,discrepancies in rules and price transmission barriers exist between the national carbon market and local pilot markets,leaving the system fragmented overall.(3)At the value level,the absence of stable coor-dination mechanisms among emission reduction constraints,economic efficiency,and fair distribution has produced a persistent mis-alignment between institutional tools and governance objectives.The study demonstrates that carbon market regulation cannot rely sole-ly on adding policy instruments or strengthening administrative compliance enforcement;instead,it must establish a value foundation capable of integrating conflicting objectives.Ecological fairness can serve as an interpretive principle for coordinating multiple objec-tives in carbon markets and provide a standard for evaluating institutional instrument design.Based on ecological fairness,carbon mar-ket legal regulation should focus on three dimensions:(1)promoting intragenerational equity through differentiated quota allocation,cross-regional collaboration,and carbon sink trading mechanisms to optimize the distribution of emission reduction responsibilities;(2)ensuring intergenerational equity by reinforcing total emissions caps,facilitating intertemporal benefit conversion,and establishing policy instrument evaluation mechanisms to safeguard the interests of future generations;and(3)enhancing institutional stability and predictability through unified market integration rules,improved coordinated supervision,and refined responsibility allocation mecha-nisms to achieve institutional fairness.