摘要
Abstract
Against the backdrop of continuous promotion of carbon neutrality,it has become a trend to shift from environmental factors such as forestry carbon sink,grassland carbon sink,and marine carbon sink to ecosystem carbon sink.The protection of carbon assets and carbon sink profits and the promotion of carbon sink trading operations require the confirmation of ecological system carbon sink rights at the legal level.However,confusing carbon sink legal concepts have made it difficult to confirm the rights.The carbon sink rights of ecosystems contain independent carbon sink values,which cannot exist based on forest and carbon rights.Moreover,the rela-tionship between ecosystem carbon sink and environmental factor carbon sink is both a set-unit relationship and an inclusive one.The concept of statutory ecosystem carbon sink can not only form independent ecosystem carbon sink rights,but also provide a paradigm for the statutory concept of environmental factor carbon sink.The confirmation of carbon sink rights in ecosystems faces issues of unclear legal attributes,beneficiaries,and specific content.The basis for confirming rights lies in,firstly,clarifying the legal concept of ecosys-tem carbon sink as'ecosystem carbon sink,which refers to the total amount of carbon sink capacity that can absorb greenhouse gases in the ecosystem through the implementation of natural resource creation,management,and protection.After certification,the operator ob-tains tradable ecosystem carbon sink and enjoys the right to possess,use,benefit from,and dispose of it in accordance with the law.'Secondly,it is determined that ecosystem carbon sink,as a capacity with intangible property attributes,belongs to the category of prop-erty rights;carbon sink managers enjoy benefits as the subject of rights;the content of the rights includes that the subject occupies the ecosystem carbon sink through business management behavior,can trade,pledge,and offset it,and the subject's disposal rights should be strictly restricted.Finally,the content of ecosystem carbon sink should be reasonably included in the climate change response law and other specialized laws,forming a legal path from concentration to dispersion.关键词
生态系统碳汇/法律概念/权利构造Key words
ecosystem carbon sink/legal concept/rights construction分类
社会科学
