“双碳”目标下碳普惠机制区域协同法治化路径

The Legalized Path of Regional Collaboration for Inclusive Carbon Benefit Mechanism under the Dual Carbon Goals

摘要: 在“双碳”目标背景下，碳普惠机制是激活全民参与减排、释放社会减排潜力的关键载体，其区域协同发展的规范化推进亟需法治化提供核心制度保障。当前我国碳普惠机制区域协同面临立法层级偏低、法律要件界定不一、数据共享与安全保护机制缺失、协同监管体系不完善、激励机制碎片化等法治化困境。为破解上述难题，推动碳普惠机制及区域协同在法治轨道上有序运行，应系统剖析其理论基础与实践现状，聚焦上述核心困境及成因，针对性地提出“立法引领、要件统一、监管保障、数据协同、激励赋能”的解决方案，在填补碳普惠区域协同法治化研究空白的同时，为推动碳普惠机制从地方试点走向全国协同提供支撑与实践路径。

Abstract: Under the background of the “dual carbon” goals, the inclusive carbon benefit mechanism is a key carrier for activating the participation of all citizens in emission reduction and releasing the potential of social emission reduction. The standardized advancement of its regional coordinated development urgently requires core institutional guarantees provided by the rule of law. At present, the regional coordination of China’s inclusive carbon benefit mechanism is confronted with legal predicaments such as a relatively low legislative level, inconsistent definition of legal elements, lack of data sharing and security protection mechanisms, an incomplete collaborative supervision system, and fragmented incentive mechanisms. To address the aforementioned challenges and promote the orderly operation of the inclusive carbon benefit mechanism and regional collaboration within the framework of the rule of law, it is necessary to systematically analyze its theoretical basis and practical status quo, focus on the core predicaments and their causes mentioned above, and propose targeted solutions of “legislative guidance, unified requirements, regulatory guarantee, data collaboration, and incentive empowerment”. While filling the research gap in the legalization of regional collaboration for carbon inclusive, provide support and practical paths for promoting the inclusive carbon benefit mechanism from local pilot projects to national collaboration.