Research On Legal Regulation Of Carbon Data Fraud

Against the backdrop of global response to climate change and the development of ecological civilization concepts,China’s regulations on greenhouse gas emissions and carbon trading markets are becoming increasingly strict.Carbon data fraud is essentially a violation of atmospheric space capacity resources by fraudulently obtaining and encroaching on national carbon quotas.To regulate carbon data fraud,it is necessary to establish a reasonable regulatory framework,starting from two aspects:source prevention and post relief.By clarifying the elements of infringement of carbon data fraud,utilizing environmental civil public interest litigation to remedy the ecological damage caused by it,filling the damage with ecological restoration responsibility,and supplementing it with punitive compensation to achieve the purpose of prevention,thus helping to achieve the dual carbon goal.This article is divided into four parts for discussion: The first part introduces the connotation and theoretical basis of carbon data regulation,and thus leads to the legal nature of carbon data based on property rights,thereby determining the infringement attribute of carbon data fraud.The second part summarizes the current regulatory status of carbon data fraud,which includes a single penalty model based on the MRV mechanism and judicial regulatory measures including environmental civil public interest litigation and ecological damage compensation systems.At present,only a single punishment model is adopted in practice,and judicial regulatory measures have legislative support but have not yet been applied.The third part analyzes the five problems in the current regulation of carbon data fraud,namely the single regulatory body,insufficient carbon information disclosure,unclear elements of infringement,lack of ecological restoration responsibility,and disconnection of multiple subject liability levels.These are mainly caused by the lack of current norms and the neglect of existing norms in practice.The fourth part proposes countermeasures and suggestions for regulating carbon data fraud.One is to increase the number of regulatory entities,the second is to improve the shortcomings of carbon information disclosure,and the third is to clarify the elements of infringement of carbon data fraud to ensure the application of judicial regulatory measures;The fourth is to apply ecological restoration responsibility and achieve the relief purpose of filling losses;Fifth,apply the Punitive damages liability,and make the counterfeiters bear joint and several liability,so as to promote the coordination of liability levels among multiple subjects.