中国人口·资源与环境2025，Vol.35Issue(7)：91-98,8.DOI:10.12062/cpre.20250105
"双碳"目标下"认购碳汇"司法适用的功能发挥与优化路径
Functions and optimization pathways of the judicial application of"carbon sink subscription"under the"dual carbon"goals
摘要
Abstract
Under the background of China's vigorous promotion of the"dual carbon"goals,the judicial application of"carbon sink sub-scription"serves as an innovative measure to ensure their realization.A study from the combined perspective of normativism and function-alism is conducive to a relatively comprehensive understanding of the functions and optimization pathways of the judicial application of"carbon sink subscription"within the interactive context of the judicial,political,and social systems,so as to promote a more standardized application of judicial practice.Through an empirical analysis of 41 judicial documents and several typical cases,as well as a normative analysis of relevant judicial interpretations and judicial documents,this study found that the application of"carbon sink subscription"in the field of environmental justice mainly manifested in four typical ways:as a form of undertaking liabilities for ecological and environmen-tal damage in judicial documents,as a specification for regulating compensation for forest resource damage in judicial interpretation,as a bridge connecting the"dual carbon"policy and environmental judicial policies in judicial documents,and as an innovative demonstration of environmental judicial practice in typical cases.In practice,these typical ways perform three positive functions:implementing China's"dual carbon"goals and public policies of ecological civilization,guiding the judicial practice related to the application of"carbon sink subscription,"and responding to the public's new"climate interest"demands.However,behind its functions,due to irregularities,superfi-cial understanding,and excessive activism in the judicial application of"carbon sink subscription,"it also has three problems:a lack of standardization in the construction of the relationship between"carbon sink subscription"and supporting the achievement of the"dual car-bon"goals,blurred boundaries of"carbon sink subscription"as a way of undertaking liability for different ecological and environmental damage,and an imbalance of interests in the process of the judicial application of"carbon sink subscription."Therefore,we should opti-mize the functions of the judicial application of"carbon sink subscription"by standardizing the relationship between this application and the promotion of the"dual carbon"goals,clarifying the jurisprudence of"carbon sink subscription"in different liabilities for ecological and environmental damage,and balancing the multiple interest demands in the judicial application of"carbon sink subscription"so as to provide higher-quality and more legally compliant judicial guarantees for the realization of the"dual carbon"goals.关键词
"双碳"目标/认购碳汇/生态环境损害责任/司法功能Key words
"dual carbon"goals/carbon sink subscription/liability for ecological and environmental damage/judicial function分类
社会科学引用本文复制引用
侯明明,刘翥.."双碳"目标下"认购碳汇"司法适用的功能发挥与优化路径[J].中国人口·资源与环境,2025,35(7):91-98,8.基金项目
国家社会科学基金青年项目"中国法院执行生态文明公共政策的基本原理与优化路径研究"(批准号:23CFX052). （批准号:23CFX052）
