廣東碳排放交易管理立法的得失及其完善對策

Gains and Losses of the Legislation on the Management of Carbon Emission Trading in Guangdong Province As Well as Its Improvement Solution

履行國際義務的外在推力、廣東低碳經濟發展內在需要以及立法經驗缺失等促使了《廣東省碳排放管理試行辦法》的出臺。該試行辦法在立法目標、原則的確定以及制度、機制的設計等方面取得了不少成功經驗，其實施也取得了促使拉排企業碳排放量下降、助力加快“去產能＂步伐、碳交易產業鏈得到培育等社會效果。但也瑜中有瑕，存在著合法性不足、部分條款虛置、制度可操作性不強等諸多問題。當前，應當借鑒美國加利福尼亞州碳排放交易立法的有益經驗，將該試行辦法上升為地方性法規，並完善其立法目的與原則、健全碳排放交易的法律保障機制以及與相關制度的有效銜接和協調，從而實現現實背景下廣東碳排放交易管理立法的最優化。

Outward driving force for fulfilling international obligation, domestic demand for low- carbon economy development as well as the inexperience of legislation lead to the introduction of the proposed regulations of management of carbon emission in Guangdong province (the proposed regulations). The proposed regulations have acquired much successful experience in the determination of legislative goals and principles as well as the design of system and mechanism. Its implementation bares fruits, such as entailing the decline of the carbon emission from the constrained businesses, beefing up the process of DE-capacity and the cultivation of carbon trading industry chain. However, there are certain flaws, to name just a few, lack of validity, certain unnecessary terms and lack of operability in terms of system. At present, we should draw upon the helpful experience from the legislation on carbon emission trading in California to make the proposed regulations become local laws and regulations, to improve its legislation perfection in terms of goals and principles, to safeguard the legal protection system of carbon emission trading as well as to coordinate with related system. Thus it can optimize the results of the legislation on the management of carbon emission in trading Guangdong province.