认购碳汇的司法探索及制度发展展望OACHSSCD

Based on discussing the concept and value of judicial subscription to carbon sinks,as well as the essence of subscription to carbon sinks as a green justice mechanism,by compiling and analyzing 52 carbon sink subscription cases issued by people's courts at all levels across China,the paper revealed that judicial subscription of carbon sinks has been recognized by legislation and judicial practice in China.However,for more effective and larger-scale implementation of judicial subscription of carbon sinks,the following issues should be clarified:the purpose of carbon sink subscription is ecological restoration or economic compensation,or both;gradually change the current regional subscription of carbon sinks,and establish a unified national carbon sink subscription standard and trading market;solve the problems of non-uniform identification methodological standards,poor process,complicated and expensive identification,and a long time in the subscription of carbon sinks;clarify whether the subscribed carbon sinks can be traded twice,and what is the beneficiary subject of the investment transaction.The paper suggests improving the development of China's judicial subscription carbon sink system:①On a legislative level,clarify the legal basis and operational mechanisms.②On a judicial level,unify the application of operational processes and related standards.③On a social level,vigorously promote the subscription of the carbon sink system.