Research On The Legal System Of Forestry Carbon Sink Right Pledge Financing Under The Background Of "Double Carbon"

With the increasing pressure of global carbon emission reduction,China is entering a critical stage of economic transformation.The Chinese government has paid great attention to the development and utilization of forest resources.Through the reform of forest rights,the economic value of forestry is stimulated,the forest resources are better utilized and the utilization efficiency of forest resources is improved.It is an important measure for China to cope with global climate change and promote sustainable economic and social development.In recent years,a series of major reform measures,such as the national forest ecological project,the reform of collective forest rights system and the comprehensive reform of state-owned forest farms,have achieved remarkable results.Along with the increasing forest area and the increasing demand of forest products,it is of great strategic significance to accelerate the cultivation and promotion of carbon sinks in forestry.At the same time,China’s carbon emission trading system has entered the strengthening period of double construction of system and infrastructure,and relevant laws and regulations are also moving forward accordingly.By organizing a series of calculation on the historical data of carbon emission and carrying out trial distribution activities according to the proposed guide of quota allocation in relevant industries,we can further improve the construction of carbon market capacity.At present,various kinds of greenhouse gas emission reduction mechanisms including forest carbon sinks have been established in our country,and a development model of carbon trading market has been formed mainly on voluntary principles.At present,carbon emission right has become a strategic resource that the major developed countries in the world compete for,and our country has established a relatively complete system mechanism framework of carbon emission reduction.Based on the guidance of the current national "double reduction" policy and the sound carbon trading market,the technology and equipment upgrading measures taken by enterprises for green upgrading will bring huge capital demands.The forestry carbon sink right,as a tradable object,broadens the financing path of enterprises.In recent years,based on policy support such as green finance,financial institutions have been exploring the transformation of new asset credit business.Among them,forestry carbon sinks are regarded as an asset that can be used as collateral for loans.However,as the current laws and regulations do not have specific provisions on the pledge of forestry carbon sink right,it may lead to objective problems such as the potential loss of the underlying carbon asset value of the forestry carbon sink right.In the practical operation of carbon emission pledge business,financial institutions often face difficulties such as the inability of the pledge of forestry carbon sink right to produce real right guarantee effect,thus affecting the realization of creditor’s rights.Therefore,how to solve the above legal problems has become one of the key issues urgently to be solved in the current forestry carbon sink right financing business.Combining with the current laws and regulations and the current practice of domestic forestry carbon sink right pledge financing business,this paper analyzes the legal basis of establishment of forestry carbon sink right pledge financing business,identifies the risks that forestry carbon sink right pledge financing business may face and puts forward risk prevention measures in order to help banking financial institutions in the future.