中国人口·资源与环境2024，Vol.34Issue(7)：58-65,8.DOI:10.12062/cpre.20240306
林业碳汇权的法律属性及规范完善
Legal attributes and regulation improvement of forestry carbon sink rights
摘要
Abstract
To promote the high-quality development of forestry carbon sinks,it is essential not only to strengthen administrative super-vision over their development and operation but also to clarify their legal attributes,subjects,objects,and content of rights,thereby achieving the private allocation of forestry carbon sink rights.In terms of legal attributes,forestry carbon sink rights are quasi-property rights;their objects not only possess property attributes such as specificity and independence,but also have special characteristics dis-tinct from typical property rights in terms of exclusivity,dominance,and tangibility.At present,relevant laws such as the Civil Code and the Forest Law lack specific provisions on forestry carbon sink rights,resulting in issues such as unclear ownership of forestry carbon sink benefits,unclear rights objects,and an imbalanced distribution of rights and responsibilities.To better safeguard and regulate for-estry carbon sink rights as new rights,legislation should keep pace with the times,improve legal norms,clarify the ownership of forestry carbon sink interests,and specify the object and content of rights and responsibilities.Firstly,in terms of benefit ownership,project owners,forest property owners,forest farmers,etc.,can participate in the distribution of benefits according to their contributions and agreements.Secondly,in terms of the object of rights,carbon emission reduction should be recognized as a qualified object of rights.Due to the close connection between forestry carbon sink rights,forest rights,carbon emission rights,and so on,the object of forestry carbon sink rights is often confused with the object of forest rights or carbon emission rights.Therefore,in the future,relevant laws such as the Forest Law should clarify carbon emission reduction as the object of the rights.Thirdly,in terms of the allocation of rights and re-sponsibilities,forestry carbon sink right holders should have the right to carry out actions such as using a certain amount of forest land for forestry carbon sink production as well as obtaining and selling forestry carbon sink products.At the same time,they must undertake obligations such as conducting forestry carbon sink production within the approved period,effectively protecting forest trees and the en-vironment,sharing the benefits with forest owners according to the statutory or agreed profit sharing ratio,and preventing and bearing various risks.Forest property owners and forest farmers,while enjoying the rights of income distribution and remuneration,also need to bear the obligation of providing qualified forest land and labor services.关键词
林业碳汇/准物权/碳减排量Key words
forestry carbon sink/quasi-property right/carbon emission reduction分类
社会科学引用本文复制引用
曾彩琳..林业碳汇权的法律属性及规范完善[J].中国人口·资源与环境,2024,34(7):58-65,8.基金项目
国家社会科学基金项目"自然保护地原住居民权益保障研究"(批准号:22BFX203). （批准号:22BFX203）
