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Research On Private Law Of Carbon Emission Right

Posted on:2024-01-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ZhuangFull Text:PDF
GTID:1526307154482774Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the intensification of global warming and the official entry into force of the United Nations Framework Convention on Climate Change(UNFCCC),the issue of carbon emissions has become the focus of global attention,triggering a wave of research in various disciplines and receiving the attention of national governments.The development of society has also made this issue increasingly prominent and requires us to take effective measures to solve it.Although the United Nations Framework Convention on Climate and the Kyoto Protocol both put forward the basic legal structure and principles of our country for climate adaptation,they are only reflected at the international level,while in the field of domestic legal applications in the world,the lack of perfect laws and regulations regulating greenhouse gas emissions makes it difficult to truly implement the norms of these international conventions into practical action.With the rapid development and transformation of China’s economy,how to effectively protect the climate environment while ensuring economic development has become an urgent task.As lawmakers,we should not only pay attention to this issue,but also think deeply about how to take effective measures to solve this problem.With the intensification of global climate change,the emergence and development of carbon emission rights have provided important legal support for the current solution to the international climate convention,global responsibility and its domestic and international weather challenges.However,as the legal regulation of carbon emission rights in China is still in its infancy,it has only stagnated at the stage of traditional environmental and administrative law control,and the literature is mostly limited to the macro fields of environmental science,economics,environmental jurisprudence,and administrative law.However,carbon emission rights are related to everyone,not only the state,enterprises and institutions.The private property of carbon emission rights needs to be further recognized,carbon emission rights trading needs to be further flourished,and the potential of its financial and monetary properties is far from being exploited.In recent years,there have been relatively few studies on carbon emission rights in China’s academia,especially there is no literature that systematically studies the private law of carbon emission rights.The purpose of this paper is to explore in depth the issue of private law theory research on carbon emission rights,and this chapter will explore nine aspects.Chapter 1 will discuss in depth the historical background and significance of the topic,and summarize the relevant domestic information on the topic,in order to clarify the focus and ideas of the topic,and analyze the possible innovative problems and issues;Chapter 2 will discuss in depth the relevant theory of carbon emission rights,and provide a scientific theoretical basis for the in-depth study of the topic;Chapter 3 comprehensively Chapter 3 analyzes the main factors of the legal relationship of carbon emission rights,especially the object is studied in depth,because the object of the right is the key factor to determine the attributes of the right;Chapter 4comprehensively analyzes the attributes of the right of carbon emission rights and proves how carbon emission rights become private rights from natural rights;Chapter 5 will analyze the legislative nature and legislative model of carbon emission rights,elaborate its rights basis and connotation,and the Chinese carbon emission rights Chapter 6 will delve into the property rights system and rights protection mechanisms such as acquisition and registration of carbon emission rights in China,in order to better solve the existing problems;Chapter 7 will delve into the carbon market economy and its legislative framework,with a view to better understanding the substantive connotation of carbon emission rights.The basic elements of the carbon financial market are discussed,and the challenges faced by China in developing the carbon financial market and its response strategies are analyzed;Chapter 8 analyzes the current situation and problems of carbon emission rights trading in China;Chapter 9 focuses on analyzing the bottlenecks of China’s carbon emission rights private law system,sorting out the existing problems and providing a basis for formulating a scientific path;the reference experience of the international carbon emission rights private law system is introduced,and a scientific The private law of carbon emission rights is introduced,and a scientific path of carbon emission rights is proposed,in order to provide an effective reference for China’s decision,so as to promote the rational use of carbon emission rights.
Keywords/Search Tags:carbon emission rights, private law, property rights
PDF Full Text Request
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